Technology & Marketing Law Blog

OCTOBER 6, 2022

Last week, an Illinois jury awarded tattoo artist Catherine Alexander $3,750 in damages at the conclusion of a copyright infringement trial. Among the tens of thousands of tattooers working in the United States, the tiny handful who have brought copyright infringement claims are rare outliers.

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Kluwer Copyright Blog

AUGUST 13, 2023

In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). All those rights belong exclusively to Plaintiffs under copyright law(see 17 U.S. All those rights belong exclusively to Plaintiffs under copyright law(see 17 U.S.

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TorrentFreak

DECEMBER 1, 2022

All faced allegations of copyright infringement, violations of the DMCA’s anti-cicumvention provisions, RICO violations, conspiracy, plus sundry other charges. Filed in 2021 , the lawsuit against Wallax identified some defendants by name and others by their online handles. Bungie’s damages award was $13.5m.

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The IP Law Blog

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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TorrentFreak

JANUARY 25, 2023

In August 2021, Bungie filed a copyright infringement lawsuit against a number of defendants involved in the development and supply of Destiny 2 cheating tool, Wallhax. Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc., Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc.,

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BYU Copyright Blog

SEPTEMBER 20, 2021

The Professors allege that following this termination, the College has continued to use materials from the Work in its course offerings without the permission of the Professors. These uses have purportedly included violations of rights of reproduction, distribution, display, and preparation of derivative works.

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SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

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Copyright Lately

DECEMBER 24, 2023

When Netflix refused to pay up, Cramer sued for copyright infringement. Will folks ever get tired of suing Taylor Swift over ridiculous copyright claims ? Teresa La Dart, the author of a 2010 poetry book called Lover , filed a copyright infringement lawsuit over a companion book for Swift’s 2019 album of the same name.

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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. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Kashishipr

JUNE 16, 2021

Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., Copyright and trade secrets like software, secret formula/recipes, music, etc., by using the internet and computers as a medium.

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Copyright Lately

OCTOBER 3, 2022

That $3,750 works out to a measly $71 for each month the case has been pending. If the mere reproduction, distribution or display of a tattooed individual’s likeness is infringing, subject only to a jury’s whims on fair use, it could cause major disruptions to tattoo industry norms and entertainment industry practices alike.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Kashishipr

JULY 13, 2022

The quantum of the original expression essential to qualify a creative work for Copyright Protection is undoubtedly low. However, at least some creative content in the AR field shall be designed to mimic, recreate, or merge with the real physical surroundings to the extent that the same won’t be distinguishable as digital.

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LexBlog IP

SEPTEMBER 28, 2023

Yesterday, Plaintiffs hit back, noting that OpenAI hasn’t moved to dismiss the “core claim” in the lawsuits—direct infringement. ” OpenAI’s arguments instead focused on vicarious liability and failure to state a claim under Section 1202(b) of the Digital Millennium Copyright Act (the “DMCA”).

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LexBlog IP

FEBRUARY 15, 2024

OpenAI, Inc. , [1] a putative class action filed on behalf of a group of authors alleging that OpenAI infringed their copyrighted literary works by using them to train ChatGPT. [2] 2] OpenAI moved to dismiss all claims against it, save the claim for direct copyright infringement, and the court largely sided with OpenAI.

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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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LexBlog IP

MARCH 14, 2024

In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various copyright infringement claims. The OpenAI defendants moved to dismiss all causes of action alleged by the author plaintiffs with the exception of the first cause of action for direct copyright infringement. (It

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Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. Plaintiffs alleged that Defendants reproduced code as output without attribution, copyright notice, or license terms.

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JIPEL Copyright Blog

MARCH 9, 2022

For instance, AR could be designed to allow a visitor to access additional information about a particular piece of work, while VR could enable individuals who are unable to physically visit a museum to peruse its collections from the comfort of their own homes, at their own pace.

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Traverse Legal Blog

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. It’s designed for businesses that are usually cautious about incorporating open-source elements into their proprietary work.

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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. University Tutorial Press was sued by the plaintiff, University of London Press, for copyright infringement. It was written with a distinct style and message.

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IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. This is highlighted in the case of Hermès International v. Mason Rothschild , currently pending in federal district court in New York.

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SpicyIP

NOVEMBER 16, 2023

While the court’s finding on the second ground alone would have sufficed, the first ground is especially interesting because the originality of the concept note was eventually determined on the basis of the originality of its derivative work i.e. Hulm Entertainment’s app. This criterion was primarily established in the EBC v.

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Copyright Lately

MAY 1, 2023

Within just over a month, a raft of barely-underground Discord servers like AI Hub have popped up to provide users with access to software—and step-by-step instructions—for creating new songs using hundreds of community-made AI models designed to mimic specific artists’ voices. AI Drake original track “Winter’s Cold.”

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LexBlog IP

SEPTEMBER 28, 2023

Third, a change in licensing can have downstream effects on derivative works and integrations, potentially leading to legal disputes or claims of copyright or patent infringement. It’s designed for businesses that are usually cautious about incorporating open-source elements into their proprietary work.

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Licensing Derivative Work Intellectual Property Moral Rights 40

LexBlog IP

JUNE 7, 2023

If any of these cases challenging the use of copyright-protected works in generative AI outputs or in developing generative AI models is successful, it could have significant implications for the future of generative AI, which relies on large and diverse datasets in order to provide accurate and unbiased results.

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LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. This is highlighted in the case of Hermès International v. NFTs also may embody or use trademarks.

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Technology & Marketing Law Blog

AUGUST 1, 2023

As a practical matter, the answer is certainly yes; an open system is built into the design of the internet. It is hornbook law that secondary liability of all kinds requires proof that direct infringement is occurring. The question is whether the same is true as a legal matter.) 94-1476, at 159-60.

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LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

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LexBlog IP

AUGUST 23, 2023

But the entire Morford analysis revolved around the 11 th Circuit’s “abstraction-filtration-comparison” test, described as “initially developed to review claims of copyright infringement relating to novels and plays but also applied in contexts such as software programming.” ” Id. Google] , 804 F.3d

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LexBlog IP

JULY 21, 2021

To avoid these issues, religious groups can implement copyright law to prevent all impermissible copying and distribution of the religious works and any derivative works, and therefore maintaining their doctrinal purity. ” Welsh (2015) at 134. ” Id. at 138-139. Bikram’s Yoga , 803 F. 3d at 1040 ].

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IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The purpose of copyrights is to protect creative works, including writings, from infringement. Is this the same in the US and China? If yes, under what circumstances?

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Copyright Lately

SEPTEMBER 12, 2022

While these sorts of objects typically aren’t themselves eligible for copyright protection, they often contain pictures or designs which are protectable. Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges.

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. How do I get a Copyright? How To Win Big In a Copyright Infringement Case. Utility and Design Patents. That’s understandable.

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LexBlog IP

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The purpose of copyrights is to protect creative works, including writings, from infringement. Is this the same in the US and China? If yes, under what circumstances?

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IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

OCTOBER 25, 2021

But Lewis thought the song was a rip-off of “I Want a New Drug” and asserted a copyright infringement claim against Columbia Pictures. The humanized skeleton figure on the left is Skully, which artist and entrepreneur Gregory Spiers first conceived while designing a T-shirt for the Lithuanian Olympic basketball team.

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

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