LexBlog IP

MAY 19, 2023

In doing so the Court focused not solely on the “transformative use” aspect of the first factor of a four-part fair use analysis, but on the entire first factor regarding the “purpose and character” of the allegedly infringing use. is (in copyright lingo) not ‘transformative.’”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

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.

Fair Use 123

Fair Use Derivative Work Art Licensing 123

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

43(B)log

SEPTEMBER 7, 2023

Each publisher defendant separately determined which content it accessed on Presto to use for its websites and in its publications; their webpages that included the screenshot of the Sowers photo would have displayed ads. Campbell sued for copyright infringement, contributory/vicarious copyright infringement, and CMI removal.

Advertising 57

Advertising Advertising Copyright Infringement Publishing 57

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”. Adopted to fill the gap left by §24, and pursuant to art.

Copyright Law 62

Copyright Law Law Copyright Derivative Work 62

Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents).

Litigation 98

Litigation Fair Use Copying Derivative Work 98

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. After all, on 7 June 2021, a new copyright liability regime for certain online platforms entered into effect: Art. here and here).

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

LexBlog IP

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”?

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52

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 102

Music Derivative Work Fair Use Cease and Desist 102

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. See, e.g., White v.

Copyright 48

Copyright Copying Copyright Infringement Editing 48

43(B)log

FEBRUARY 2, 2024

Counterclaim alleged that WF infringed by reproducing, publicly displaying, commercially licensing, and distributing the image, and by incorporating the photo into unauthorized derivative works. It is nonsensical to analyze fair use as a defense to something that is not copyright infringement to begin with.

Fair Use 48

Fair Use Derivative Work Licensing Marketing 48

Copyright Lately

MARCH 6, 2023

Wagging Tails is now seeking an injunction to prevent Coakley from publishing materials—including a planned tell-all film—recounting his accusations. Wagging Tails’ complaint (read here) seeks, among other things, an injunction to prevent Coakley from breaching his NDA and copyright damages based on the leaked online release of Runt.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

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 ?

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Two weeks ago, former President Donald Trump filed a lawsuit against journalist Bob Woodward and his publisher, Simon & Schuster (and its parent company Paramount Global, formerly known as Viacom-CBS), in U.S. The audiobook is also published on CD, and transcripts were published in paperback and ebook formats.)

Copyright 122

Copyright Blogging Publishing Fair Use 122

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 123

Copying Non-Fungible Tokens Contracts Copyright 123

SpicyIP

SEPTEMBER 4, 2023

A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules The Draft Patent (Amendment) Rules, 2023 were recently published in the Gazette of India, with public comments invited by September 22. Other Posts The Times They Are a-Changin’? Dabur India Ltd.

Cease and Desist 93

Cease and Desist Patent Prosecution Trademark Derivative Work 93

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. at 1289 (Gorsuch, concurring) (emphasis added). at 1290 (Gorsuch, J.,

Fair Use 105

Fair Use Licensing Music Art 105

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.” In a recent empirical study published in the Boston College Law Review called “ Is Transformative Use Eating the World?

Fair Use 77

Fair Use Art Copyright Social Media 77

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.

Fair Use 97

Fair Use Derivative Work Blogging Licensing 97

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Copyright Claims: Roc-A-Fella Records Inc.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” Andy Warhol Foundation for Visual Arts, Inc.

Fair Use 52

Fair Use Licensing Art Music 52

Art Law Journal

JUNE 30, 2022

For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school. How To Win Big In a Copyright Infringement Case. Given the investment required to bring a company or product to market, it is well worth having a trademark attorney handle the application. . Your Copy-Rights.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

IP Intelligence

JUNE 6, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. at 1289 (Gorsuch, concurring) (emphasis added). at 1290 (Gorsuch, J.,

Fair Use 40

Fair Use Licensing Music Art 40

LexBlog IP

OCTOBER 25, 2023

Dorland alerted publishers, writing conferences, and journalists to what she considered Larson’s plagiarism and ethical betrayal. Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. ” Id.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

Art Law Journal

JUNE 30, 2022

For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school. How To Win Big In a Copyright Infringement Case. Given the investment required to bring a company or product to market, it is well worth having a trademark attorney handle the application. . Your Copy-Rights.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task.

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. How are photographers supposed to get the attention of those publishers without displaying samples of their work?

Blogging 97

Blogging Copying Social Media Copyright 97

LexBlog IP

JULY 21, 2021

provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. market for religious publishing and products at $6.8 prevent the other group from publishing edited or alternative version of their religious works by invoking copyright law[, and].prevent[ing]

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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.

Blogging 129

Blogging Licensing Privacy Copyright Notice 129

The IP Law Blog

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”? And then there is the more recent case of Taggart v.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98