Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

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Fair Use Derivative Work Artwork Copyright Infringement 97

IPilogue

SEPTEMBER 13, 2022

Netflix is now suing Bear and Barlow for stealing “ valuable intellectual property ” to build their global brand. Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP.

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Social Media Music Intellectual Property Content Creation 104

LexBlog IP

OCTOBER 5, 2021

Model Genevieve Morton is taking on Twitter over the dissemination of her images on the platform, accusing the platform of contributing to the copyright infringement that takes place on the site of images she holds the rights to.

Copyright Infringement 52

Copyright Infringement Copyright Derivative Work Social Media 52

Kashishipr

NOVEMBER 17, 2021

Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. What is an Assignment of Copyright? For more visit: [link].

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Copyright Ownership Licensing Intellectual Property 105

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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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Derivative Work Copying Copyright Infringement Copyright 112

LexBlog IP

SEPTEMBER 21, 2023

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement.

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Derivative Work 52

IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner.

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Intellectual Property Law Blog

JUNE 5, 2023

When Goldsmith issued a cease and desist letter claiming copyright infringement, AWF brought a declaratory judgment action asserting that its use of Goldsmith’s photograph in Orange Prince was protected under the Copyright Act’s fair use doctrine. . § Goldsmith was not paid or credited for this use.

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Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy.

Music 109

Music Derivative Work Fair Use Cease and Desist 109

The IP Law Blog

MAY 5, 2022

To obtain a subpoena, Berkovitz would have to register his copyrights and file a lawsuit for copyright infringement, which he did. He further alleged that Defendants knew or should have known that their acts constituted copyright infringement. This lawsuit was dismissed one month after it was filed.

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Copyright Law Copyright Law Copyright Infringement 98

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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Fair Use Derivative Work Art Licensing 100

Technology & Marketing Law Blog

JUNE 20, 2023

As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

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Fair Use Derivative Work Blogging Licensing 98

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance.

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Fair Use Copying Copyright Infringement Technology 116

IP and Legal Filings

JUNE 29, 2024

The personality rights in India are generally enforced in the context of Intellectual Property Laws. Even though Section 52 of the Copyright Act classifies any artistic work under fair use, it is imperative to note that it does not safeguard total imitation of a work. Further in the case of Civic Chandran and Ors.

Personality Rights 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

Intepat

JANUARY 8, 2024

Navigating the Intellectual Property Rights Dilemma The clash between The New York Times, OpenAI, and Microsoft unfolds in the realm of intellectual property law. Training AI models using these works could infringe on these rights, especially without authorisation.

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Copyright Fair Use Derivative Work Intellectual Property 52

LexBlog IP

FEBRUARY 28, 2022

In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement.

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Fair Use Derivative Work Art Licensing 97

Patently-O

DECEMBER 11, 2023

More specifically, we recognize the usefulness of examining intellectual property issues through the lenses of competition and consumer protection. The copyright law implications of AI training are currently being litigated in several different federal copyright infringement actions. That is far too hasty.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

LexBlog IP

MAY 19, 2023

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

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LexBlog IP

FEBRUARY 20, 2024

Stability AI —the case in which a group of visual artists sued the makers of several different generative AI platforms for copyright infringement—tossed most of the plaintiffs’ claims last year. However, the court allowed the plaintiffs an opportunity to replead. But there are also many similarities.

Derivative Work 52

Derivative Work Copyright Infringement Social Media Copyright 52

LexBlog IP

MAY 22, 2023

Goldsmith countersued, claiming copyright infringement of her photograph. The dissent argued that the majority incorrectly disregarded this transformative character in favor of honing in on the commercial purpose aspect, obscuring the broader purpose of fair use as a copyright infringement “escape valve” for creatives.

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Fair Use Art Derivative Work Copyright Infringement 52

LexBlog IP

NOVEMBER 29, 2023

The court in this new decision rejected as “nonsensical” the plaintiffs’ argument that large language models (or LLMs) “are themselves infringing derivative works,” holding that “[t]here is no way to understand the [LLMs] themselves as a recasting or adaptation of any of the plaintiffs’ books.”

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Derivative Work Copyright Copyright Infringement Copying 52

IP Tech Blog

JANUARY 4, 2023

What is the intellectual property right that most suits NFTs? Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

FEBRUARY 14, 2024

The class of plaintiff authors seeking to hold OpenAI liable for copyright infringement has faced yet another setback. Vicarious copyright infringement (Count II) – DISMISSED OpenAI argued that this claim fails because plaintiffs did not make a threshold showing of direct infringement.

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Copyright Derivative Work Copyright Infringement Copying 52

IIPRD

SEPTEMBER 29, 2022

RIGHTS PROTECTED : Under this law Copyright law protects the copyright of authors, musicians, etc. Copyright is essentially a right to copy. Copyright is a term describing rights given to creators for their literary and artistic works. MP3 REVOLUTION (DERIVATIVE WORKS) MP3 stands for MPEG audio layer 3.

Copyright 52

Copyright Intellectual Property Copying Music 52

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. Make sure all intellectual property rights are protected before releasing your NFTs into the metaverse.

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Trademark Non-Fungible Tokens Brands Branding 62

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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Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

SEPTEMBER 12, 2023

Introduction To AI Copyright Legal Issues Section 1: The Basics of Copyright Every AI Company Needs to Understand Let’s begin by understanding what copyright is. Section 4: Protecting Your Work as an AI Start-Up One aspect that often gets overlooked is how to protect the intellectual property generated by your AI.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

LexBlog IP

JULY 28, 2021

CBS Corporation, Brian Koppelman, David Levien, and Andrew Ross Sorkin, alleging copyright infringement over the hit Showtime television show Billions. Specifically, Shull alleged that one of the show’s main characters, Dr. Wendy Rhoades, is an unauthorized derivative work based on her book. Showtime Networks Inc.,

Derivative Work 40

Derivative Work Television Copyright Infringement Marketing 40

Traverse Legal Blog

SEPTEMBER 12, 2023

Introduction To AI Copyright Legal Issues Section 1: The Basics of Copyright Every AI Company Needs to Understand Let’s begin by understanding what copyright is. Section 4: Protecting Your Work as an AI Start-Up One aspect that often gets overlooked is how to protect the intellectual property generated by your AI.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

LexBlog IP

JUNE 5, 2023

Goldsmith notified AWF of her belief that the work infringed her copyright. Goldsmith counterclaimed for copyright infringement. A transformative work is fair use, and therefore not a copyright infringement, based on a reading of the Supreme Court’s holding in Campbell v. ” Id.

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Fair Use Derivative Work Art Licensing 52

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”).

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52

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

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

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. Make sure all intellectual property rights are protected before releasing your NFTs into the metaverse.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Brands 52

IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 6] If these claims will be justified then the penalties will be placed for said infringement. [7] 10 GNLU J.L.

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Art Artwork Intellectual Property Copyright Law 52

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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Copyright Infringement Derivative Work Copyright Copyright Notice 52

LexBlog IP

MAY 19, 2023

Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article. AWF sued Goldsmith for declaratory judgment, including on fair use grounds, and Goldsmith countersued for copyright infringement. is (in copyright lingo) not ‘transformative.’”

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Fair Use Derivative Work Licensing Copyright Infringement 40