TorrentFreak

NOVEMBER 2, 2022

In a market saturated with tens of thousands of games spanning dozens of genres, videogamers don’t have to look far to find the next big challenge to conquer. For those with a desire to conquer but an aversion to putting in work, options are plentiful too. Defendants Picked Off, One By One.

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Settlement Cease and Desist Confidentiality Derivative Work 133

TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. According to them, that’s not infringement. Vicarious Infringement Claim Fails. and 10 ‘Doe’ defendants.

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Copyright Fair Use Copyright Infringement Copying 136

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

Kluwer Copyright Blog

APRIL 3, 2024

These were used as part of a marketing campaign by Tesco to indicate to customers which products were subject to discounted prices for Clubcard holders. Secondly, the only protectable elements of a derivative work are those that are original over the antecedent work.

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Copyright Infringement Copyright Copying Artistic Work 49

Kluwer Copyright Blog

APRIL 22, 2024

In Spain, NFTs and copyright have recently faced off before the commercial courts of Barcelona. In fact, on 11 January 2024, Barcelona Commercial Court number 9 handed down what is indeed the first judgment in Spain in a case where NFTs and copyright are at a crossroads. social networks, OpenSea and Decentraland digital platforms).

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Copyright Artwork Moral Rights Non-Fungible Tokens 125

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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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. . § The nature of the copyrighted work.

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Fair Use Licensing Cease and Desist Derivative Work 130

IP and Legal Filings

DECEMBER 23, 2024

Thus, a defense that has the Fair Use Principle at its bedrock, in order to be an acceptable defense, must prove the existence of these factors in its favor, namely, the purpose and character of Use, the nature of copyrighted work, the amount and substantiality of the portion used and the effect of Use upon potential markets. [1]

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Fair Use Derivative Work Journalism Copyright Infringement 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

IP and Legal Filings

JANUARY 23, 2023

Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works. One such area where copyright violations are common is the internet.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

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.

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Music Derivative Work Fair Use Cease and Desist 109

Patently-O

DECEMBER 11, 2023

Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. That is far too hasty. Under governing law, that is a judicial function.

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Copyright Fair Use Copyright Law Copyright Infringement 96

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

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IP Ownership Non-Fungible Tokens Copyright Law 109

TorrentFreak

JULY 14, 2024

However, a quest by local parents, to raise public awareness of the nature of that instruction, has led to one of their group in Indiana being sued by LifeWise for copyright infringement. Copyright Complaint, Religious Controversy Filed in the Northern District of Indiana (Fort Wayne Division) on July 2, 2024, plaintiff LifeWise Inc.

Copyright 124

Copyright Licensing Fair Use Derivative Work 124

SpicyIP

OCTOBER 9, 2024

Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? By Tanishka Goswami Providing advantages of accessibility, affordability, and shareability among others, the swiftly expanding market for e-books stands at $17.20 billion today, only to grow manifold.

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Copyright Law Copyright Fair Use Law 105

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. But that doesn’t seem particularly relevant, because the derivative works at issue are actually the screenplay scans, not the NFTs. The breathless media reports soon followed.

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

LexBlog IP

JULY 28, 2021

While the author of Market Mind Games: A Radical Psychology of Investing, Trading, and Risk may have hoped to obtain monetary damages, she will not be seeing billions. CBS Corporation, Brian Koppelman, David Levien, and Andrew Ross Sorkin, alleging copyright infringement over the hit Showtime television show Billions.

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Derivative Work Television Copyright Infringement Marketing 40

LexBlog IP

MAY 22, 2023

Goldsmith countersued, claiming copyright infringement of her photograph. Although lower courts disagreed on a number of factors, the sole issue before the Supreme Court was whether the first factor of copyright fair use analysis weighed in AWF’s favor. § 107 ). § 107 ).

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Copyright Lately

DECEMBER 24, 2023

When Netflix refused to pay up, Cramer sued for copyright infringement. In addition, the plaintiff hadn’t alleged that the market for her tattoo was in any way affected by Netflix’s blink-and-you’ll-miss-it use of her work. Will folks ever get tired of suing Taylor Swift over ridiculous copyright claims ?

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Copyright Copyright Infringement Music Fair Use 111

Intepat

JANUARY 8, 2024

Training AI models using these works could infringe on these rights, especially without authorisation. 1) Section 106 Exclusive Rights : Section 106 of the Copyright Act of 1976 grants copyright owners exclusive rights to reproduce, prepare derivative works, and distribute their copyrighted material.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 12, 2024

As for the claims’ equivalency to copyright law: We need not decide whether it is more appropriate to characterize Plaintiffs’ Complaint as implicating rights to (a) display or reproduce copies or (b) prepare derivative works because the Complaint invokes both rights and both rights are recognized under federal copyright law.

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Copying Ownership Derivative Work Contracts 98

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

Copyright Lately

AUGUST 14, 2023

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). Fifteen minutes of fame, meet permanent ink. A Los Angeles federal judge is set to decide the impact of the Supreme Court’s recent decision in Andy Warhol Foundation v.

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Fair Use Social Media Licensing Marketing 91

Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. Without this, fanfiction could technically violate copyright laws.

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Intellectual Property Copyright Law Copyright Law 52

SpicyIP

SEPTEMBER 4, 2023

on 21 August, 2023 (Delhi High Court) Considering, inter alia, that the appellant’s products were available in the market before the institution of the suit, a Division Bench of the Delhi High Court held that the appellant should have been accorded an opportunity to oppose the ad interim injunction application. Dabur India Ltd.

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Cease and Desist Patent Prosecution Trademark Derivative Work 105

Kashishipr

JULY 13, 2022

Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market. That said, solely artificial worlds won’t be denied copyright protection only because they are realistic.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

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. William Blair & Co. ,

Copyright 71

Copyright Copying Copyright Infringement Editing 71

Technology & Marketing Law Blog

JUNE 17, 2023

¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. 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.

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Blogging Licensing Privacy Copyright Notice 132

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. Also consider international markets. Market leaders cannot protect themselves from all knock-offs or commentary.

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Trademark Non-Fungible Tokens Branding Branding 62

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.’”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

SpicyIP

JUNE 26, 2024

Transforming copyrighted work into accessible copies requires a considerable amount of effort which entails acquiring the inaccessible market copy, spending money and time to convert the same into an accessible one and then taking suitable measures for restricting it to private use.

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Copyright Copying Publishing Cinema 81

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work. Further in the case of Civic Chandran and Ors.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

The IP Law Blog

JULY 6, 2023

Take, for instance, the copyright infringement case filed by the rights holder to the Ed Sullivan Show against the producers of the Broadway hit Jersey Boys in Sofa Entertainment v. The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

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Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 19, 2023

The Copyright Act motivates creativity by granting the author of an original creative work rights to reproduce their work, prepare derivatives works, and (in the case of pictorial or graphic works) display the copyrighted works publicly. 4] “The larger the difference, the more likely the.

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Licensing Fair Use Copyright Derivative Work 52

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).

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

LexBlog IP

JULY 6, 2023

Take, for instance, the copyright infringement case filed by the rights holder to the Ed Sullivan Show against the producers of the Broadway hit Jersey Boys in Sofa Entertainment v. The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Copyright Lately

APRIL 19, 2022

Nation Enterprises boldly proclaimed that the effect of the use upon the potential market for or value of the copyrighted work was “undoubtedly the single most important element of fair use.” But this problem can be avoided so long as judges are discerning about distinguishing between legitimate markets from speculative ones.

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