Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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SpicyIP

JUNE 26, 2024

Emphasizing the lack of a robust mechanism to ensure access to literary work by persons with disability, the authors highlight how the existing copyright framework comes in conflict with the rights enshrined under the Rights of Persons with Disabilities Act, 2016. Views expressed here are those of the authors’ alone. Image by freepik Prof.

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BYU Copyright Blog

OCTOBER 7, 2024

After analyzing each factor separately, the 2nd Circuit found that digitally copying copyright-protected print books in their entirety and distributing them online with a one-to-one owned-to-loaned ratio between the print copies and the digital copies does not constitute fair use.

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Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?

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LexBlog IP

MAY 19, 2023

The only question presented to the Supreme Court was whether the Second Circuit correctly applied the first fair-use factor in 17 U.S.C. § ” Thus, being licensed for different magazine articles, “the original photograph and AWF’s copying use of it share substantially the same purpose. of a commercial nature. .”

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LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

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IP and Legal Filings

MAY 15, 2024

The present article looks into a comprehensive landscape of Limited License. It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display.

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LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1] Oracle America, Inc.

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SpicyIP

APRIL 15, 2024

Presently, GenAI is primarily trained through Machine Learning (ML) which is a process that allows machines to learn from data and past experiences to identify patterns with minimal human interference. TDM is primarily a process of deriving data by analysing patterns and learning from it in order to create new results.

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SpicyIP

MAY 23, 2024

In my view, the present judgement is an embodiment of inspiring judicial penmanship and gravitas. In this post, I have discussed the present judgment in the backdrop of previous developments and its potential impact on authors in the future. The Court’s present ruling seems to be an extension of the system in present times.

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Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. There was no question about the copying–the revised William Blair documents sloppily retained references to UIRC). Copyright Protection for Legal Documents.

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LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Patently-O

DECEMBER 11, 2023

But however it is interpreted, the sentence presents several concerns: 1) First, the sentence seems to assume that training a machine learning model on copyrighted works made freely available on the open Internet is likely to be deemed (or should be deemed) a copyright violation. Under governing law, that is a judicial function.

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Copyright Lately

MAY 22, 2023

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” “[T]he first fair use factor. “[T]he first fair use factor.

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LexBlog IP

FEBRUARY 28, 2022

13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. It found that all four fair use factors weighed against fair use. [12]

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The IPKat

JANUARY 23, 2023

The cross-media creative franchise (think "Wonder Woman", from comics to film), is the apotheosis of the commercial potential of derivative works within the copyright system. As soon as she takes the screen, fiction disappears along with art, and one has the impression of being present at a documentary.

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LexBlog IP

SEPTEMBER 14, 2021

In general, the artist who creates a work has control over how the work and its contents are used, including the rights to copy, distribute, and create derivative works (spinoffs of the work). A similar bundle of sticks exists in intellectual property, including copyright.

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43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

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Technology & Marketing Law Blog

JUNE 17, 2023

Users retain ownership of content they upload to GitHub, but grant GitHub: the “right to store, archive, parse, and display [the content], and make incidental copies, as necessary to provide the Service, including improving the Service over time.” 22-cv-7074-JST, ECF No. Plaintiffs attach each of these licenses to the complaint.

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TorrentFreak

JANUARY 6, 2023

Schneider’s first amended complaint alleged that YouTube and its users infringed her copyrighted musical compositions and sound recordings, and that YouTube facilitated infringement by removing copyright management information (CMI) from her copyright works, in violation of the DMCA. Copyright Law: Infringement Standards.

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SpicyIP

NOVEMBER 16, 2023

Hulm Entertainment alleged Fantasy Sports had substantially copied its ‘original trading and stock features’ along with the graphical user interface (GUI) of their fantasy sports mobile application “Exchange22”. The SB then assessed whether Hulm Entertainment’s GUI can be protected as a work in itself.

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43(B)log

AUGUST 3, 2023

Campbell is the first case that squarely presents §107 construction without other distractions, and the Court takes a fresh look. The majority says that limiting doctrines account for Kagan’s examples—which involved use of expression—as well as the dissent’s own copying and the Court’s too. Hard to get a narrow rule out of that.

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Kashishipr

SEPTEMBER 15, 2021

Dances are usually performed for presenting the same to an audience for recreational and social purposes, but the same cannot be confined to performances created without such intention. Therefore, the court will ascertain a case of infringement while considering whether or not an infringing copy is substantially similar to the original.

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Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

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Copyright Lately

OCTOBER 3, 2022

In addition, in granting Alexander’s motion for partial summary judgment, the court found that Alexander held valid copyrights in the tattoo designs at issue and that defendants copied those works. This confluence of events may help explain why the jury came back with its verdict in favor of Alexander.

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Kashishipr

JULY 13, 2022

Sometimes, AR and VR are used in overlapping ways; however, the two terms present unique and different issues in the IP world. In the ongoing digital era, most AR apps work by identifying a 2D symbol or physical object and then animating that view before the user’s eyes to set an illusion that it has transformed into something else.

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Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Types of IPR for Software Protection in India Copyright – According to Copyrights Act, 1957; Copyright grants the exclusive rights, to perform certain actions regarding a work or its substantial part. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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SpicyIP

DECEMBER 17, 2023

Lastly, I will focus on an amendment that catalysed the birth of the present provision on the term of copyright in Section 52 (r) of the Copyright Act of 1857. Once the author removed all copies of the work from circulation, no more licenses were to be granted. Amendment no. We could not find the exact text of the amendment.

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Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). The proposal for this new regulation was presented in April 2021.

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LexBlog IP

AUGUST 23, 2023

And, there are still more challenges from authors and creators to the til-now-uncompensated use of their works to “train” artificial intelligence engines, as seen in the recent open letter from the Authors’ Guild to various tech companies. ’” Id. at 9 ( quoting Compulife Software Inc. Newman , 959 F.3d

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43(B)log

SEPTEMBER 7, 2023

In a previous case, the Eighth Circuit upheld the jury’s conclusion that the plaintiff had established a nexus between the defendant’s infringing use of his copyrighted work and its profits from the sales of the car being advertised.

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JIPL Online

APRIL 9, 2021

xxvii] Presently, however, the placement of entitlements and interpretation of scope are backwards. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 405 (2019); Terrica Carrington, Grumpy Cat or Copy Cat? vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J.

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43(B)log

FEBRUARY 4, 2023

Characteristic phrases have to be present in all compositions in a given Raga; desirably perceivable similarity b/c that’s how the vocalist and audience gets a grip on what they’re hearing. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Derivative work? Who sues who?

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Patently-O

OCTOBER 11, 2022

The Supreme Court has taken-up the case to consider the extent that the doctrine of transformative fair use should value “differences in meaning or message,” especially in cases where the works share core artistic elements and have the same purpose. Sarony involving a photograph and lithograph copy of the famous playwright Oscar Wilde.

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IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The papers were taken from copies of the examination papers that students provided, not from publications by the University of London Press Ltd.

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