LexBlog IP

DECEMBER 21, 2023

The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph. Under this framework, the Office noted that derivative works are analyzed to determine whether the new authorship of the derivative work meets the statutory requirements for protection.

Artwork 52

Artwork Derivative Work Copyright Editing 52

Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. Hutcheon’s broad definition encompasses a wide array of hypertextual forms beyond traditional parody.

Copyright Law 83

Copyright Law Art Copyright Law 83

Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. California law requires that the property interest be “well-defined” and “like staking a claim to a plot of land at the title office.”

Copying 92

Copying Ownership Derivative Work Contracts 92

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. In light of the Copyright Act of 1976 (United States), like The New York Times, creators have the exclusive right to reproduce, distribute, and display their works.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? Definitely. Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes.

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

LexBlog IP

APRIL 23, 2023

copyright law, only works created by human authors are eligible for copyright protection. AI-generated material alone is not considered a work of authorship and cannot be protected under copyright law. Derivative Works and AI-Generated Material A. Authorship and Human Contribution A.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. organic architecture).

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

IIPRD

APRIL 8, 2024

This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Kluwer Copyright Blog

APRIL 22, 2022

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

Music 63

Music Copyright Derivative Work Ownership 63

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.

Copyright 135

Copyright Copyright Law Fair Use Law 135

Velocity of Content

SEPTEMBER 2, 2021

Two important points left out of that Wikipedia definition, however, are that CC licenses all convey rights from the author to the user without a fee, and each license, once applied to a work, is in effect irrevocable for the entire term of copyright.

Copyright 116

Copyright Licensing Derivative Work Social Media 116

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. This is, after all, supposed to be a copyright case. Publication vs. Merchandise?

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

Velocity of Content

AUGUST 9, 2022

Often, copyright owners and users have to analogize to works as diverse as music and books when assessing whether something is fair use, and a Supreme Court case regarding visual works could be helpful in developing law more specific to that oeuvre. . federal copyright law)?

Fair Use 98

Fair Use Licensing Derivative Work Art 98

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works.

Fair Use 240

Fair Use Non-Fungible Tokens Copyright Derivative Work 240

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.

Copyright 52

Copyright Intellectual Property Copying Music 52

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work?

Copyright 105

Copyright Registration Music Copyright Law 105

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Types of IPR for Software Protection in India Copyright – According to Copyrights Act, 1957; Copyright grants the exclusive rights, to perform certain actions regarding a work or its substantial part. As per the definition, the computer program comes under copyright law.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

Intepat

MAY 17, 2024

The nature of Prompts can be understood as Literary Works which is defined in Section 2(o) of the Copyright Act, 1957, as it includes computer programmes, tables and compilations including computer databases. Prompts are like computer code, can be considered literary works because they consist of written instructions or commands.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

43(B)log

AUGUST 9, 2024

seems like this is going to have trouble with derivative works] Amanda Levendowski, Fairer Public Benefit Bias and harms of works aren’t taken into account in fair use analysis: recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems. [Do This is wrong.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

IP and Legal Filings

JUNE 29, 2024

In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Copyright laws also provide plausible remedies for enforcing one’s right to personality. The court in the case of Jaikishan Kakubhai Saraf aka Jackie Shroff v.

Personality Rights 92

Personality Rights Fair Use Privacy Intellectual Property Law 92

Trademark and Copyright Law Blog

APRIL 21, 2021

This dispute concerned Google’s use of Oracle’s “declaring code” – software that provides a list of functions and definitions that specify the parameters of application program interfaces (APIs) – in Google’s Android operating system. APIs allow different software programs to work together. Where Does this Leave the Software Industry?

Copying 40

Copying Fair Use Copyright Marketing 40

Technology & Marketing Law Blog

AUGUST 1, 2023

One is tempted to characterize these plaintiffs as copyright “trolls.” It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it.

Blogging 98

Blogging Copying Social Media Copyright 98

IPilogue

JULY 18, 2022

There seems to have always been tension between artistic creativity and copyright law. Copyright, in the simplest terms, is “ the right to copy.” The act of copying belongs to the long tradition of modernist art that questions the nature and definition of art itself.

Copyright Law 111

Copyright Law Copyright Law Art 111

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ” How Stagnant Copyright Law is Stifling Creativity , 27 J. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] 277 (2020). [iv] iv] Maxwell L. Stearns, Todd J. Zywicki & Thomas J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Technology & Marketing Law Blog

JUNE 17, 2023

documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As Plaintiffs alleged that Defendants reproduced code as output without attribution, copyright notice, or license terms. Plaintiffs attach each of these licenses to the complaint.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Kluwer Copyright Blog

MAY 20, 2024

In 2022, the Hamburg Higher Regional Court held Pelham’s use of the Metall auf Metall sample to be lawful under §51a, arguing that pastiche covers the recognizable (re)use of original parts of protected works, insofar as the borrowing work engages in some form of discussion or intellectual interaction with the original work.

Copyright Law 63

Copyright Law Law Copyright Derivative Work 63

SpicyIP

NOVEMBER 16, 2023

In doing so, unfortunately, the DB has seemingly missed out on considering some of the crucial aspects of the SB order, especially with regard to its findings on the originality of Hulm Entertainment’s concept note and the copyrightability of GUIs.

Copyright 59

Copyright Marketing Marketing Copying 59

Copyright Lately

APRIL 19, 2022

Fast forward to 1990, and enter Judge Pierre Leval , an incredibly influential and knowledgeable jurist on the Court of Appeals for the Second Circuit, especially when it comes to copyright law. Back then, Judge Leval was a district court judge when he wrote an article for the Harvard Law Review called “Toward a Fair Use Standard.”

Fair Use 78

Fair Use Art Copyright Derivative Work 78

Technology & Marketing Law Blog

OCTOBER 19, 2021

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Google responds that whatever it means, it’s preempted by copyright law.

Licensing 103

Licensing Copyright Contracts Advertising 103

Technology & Marketing Law Blog

MARCH 7, 2022

Justice Breyer analogized a mistake of law (such as the definition of “single unit of publication”) to a mistake of labelling. The Court then quoted a dictionary definition of “knowledge” as “the fact or condition of being aware of something.” [Slip op. 411(b)(1)(A) (emphasis added [by the Court]).

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Registration Blogging Copyright Designs 94

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. It does demand, however, that no part of the work be plagiarised.

Copyright 97

Copyright Public Domain Copying Publishing 97

Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. Wagging Tails contends that these materials are “unauthorized and infringing derivative works” based on its motion picture.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Under the 1976 Copyright Act, copyright subsists automatically in any “original work of authorship” that is “fixed in any tangible medium of expression.” [ 17 U.S.C. 101 ] The recorded interviews meet the definition: they are expressed in words, and they are embodied (and therefore “fixed”) in tapes or computer memory.

Copyright 130

Copyright Blogging Publishing Fair Use 130