Kluwer Copyright Blog

MAY 9, 2022

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. The Court in Campbell emphasized that transformative fair uses leave “breathing space” for next generation creations that build on the expression of pre-existing works.

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Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series. In Part II we will discuss other copyright law implications of NFTs.

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Technology & Marketing Law Blog

JANUARY 17, 2024

This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement. 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.

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SpicyIP

OCTOBER 9, 2024

Soon after, four major publishers – Hachette, Penguin Random House, Wiley, and HarperCollins, challenged this lending programme and sued the Archive for copyright infringement. The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law.

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IP Tech Blog

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. In particular, this case will determine whether the distribution and sale of NFTs violate copyright rules for derivative works, which must have the original copyright owner’s permission or else they constitute infringement.

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Kluwer Copyright Blog

NOVEMBER 8, 2021

“The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. ” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. here and here).

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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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LexBlog IP

MAY 31, 2023

When Prince died in April 2016, Vanity Fair’s parent company, Condé Nast, licensed another image from the Prince Series (“Orange Prince”) from AWF, which it used as the cover of a Prince tribute edition magazine. Around this time, Goldsmith learned of the additional works comprising the Prince Series.

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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. The issue is whether judgements are copyrighted.

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43(B)log

SEPTEMBER 7, 2023

Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal. But this was a license to Microsoft, and Campbell argued that Microsoft wasn’t allowed to reproduce, distribute, and publish the Sowers photo as part of others’ advertising model (including news reporting).

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LexBlog IP

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. In particular, this case will determine whether the distribution and sale of NFTs violate copyright rules for derivative works, which must have the original copyright owner’s permission or else they constitute infringement.

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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

JULY 21, 2021

.” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015). As that Compendium notes in its 2021 edition at Section 313.2 : The Office will not register works produced by nature, animals, or plants. Compendium, at Section 313.2 ].

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Kluwer Copyright Blog

MAY 20, 2024

The facts of the case are all too familiar by now: in 2004, German band Kraftwerk took hip hop producer Moses Pelham to court for copyright infringement after he sampled two seconds of their song “Metall auf Metall” and looped it in Sabrina Setlur’s track “Nur Mir”. Although AG Crúz Villalon argued in his Opinion (para.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Likewise, paragraph 47 of Trump’s complaint specifically alleges “President Trump never sought to create a work of joint authorship, and in the hours of the Interviews, there is neither allusion to nor confirmation of such.” Thus, under existing case law, the answer is quite clear: the interviews are not joint works.

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