The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz alleged that the Defendants infringed his exclusive right to reproduce, make copies, distribute, or create derivative works by publishing the midterm exam and final exam on the Course Hero Website without permission.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

Plagiarism Today

JANUARY 3, 2022

Finally today, The Associated Press reports that, with the new year, several prominent works are lapsing into the public domain including the Ernest Hemingway novel The Sun Also Rises and A.A. Copyright Law, works lapse into the public domain on January First of the year their copyright expires.

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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.” In other cases, museums invited artists to create derivative works based on museum collections. In this sense, the act of copying is the very medium of Warhol’s art.

Copyright Law 111

Copyright Law Copyright Law Art 111

Kluwer Copyright Blog

JUNE 16, 2021

US copyright law does not protect remasters, as they lack originality. In this case the US Court of Appeals held that digitally remastered sound recordings could not be protected by federal copyright law. 2018 New York University Law Review, p. From remixes to remasters. CBS ( Case No. 16-55917 ), confirmed that.

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Music Copyright Law Copyright Law 98

SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Tanishka is an advocate at the High Court of MP.

Copyright Law 104

Copyright Law Copyright Fair Use Law 104

Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. H/E), a creative design firm, which in 1984 assigned the copyright in the mascot for a term of “forever.”

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Derivative Work Copyright Settlement Reporting 105

Kluwer Copyright Blog

JANUARY 16, 2024

The Cause of Action The cause of action in both cases is the same and can be summarized as follows: Direct Copyright Infringement (17 U.S.C. § LLaMA language models cannot function without the expressive information extracted from the alleged infringed works and the LLaMA language models are themselves infringing derivative works.

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Derivative Work Copyright Infringement Copying Copyright 135

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 72

Copyright Law Law Copyright Derivative Work 72

Intepat

OCTOBER 23, 2024

This article delves into the intricate relationship between copyright and moral rights, highlighting their significance in protecting creators’ integrity, especially in the digital age. Copyright law primarily focuses on the economic rights of creators, granting them exclusive control over the use and distribution of their works.

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Moral Rights Copyright Intellectual Property Copyright Law 52

TorrentFreak

JANUARY 17, 2024

It involved the use of copyrighted content to create an alleged ‘parody’ (one that many people would find offensive), the distribution of that content to the public via Twitter, and a defendant claiming immunity under copyright law. Not that other routes hadn’t already been tested, however.

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Copyright Derivative Work Fair Use Reporting 141

TorrentFreak

JUNE 10, 2022

Bungie’s claims were underpinned by alleged breaches of copyright law, including the DMCA’s anti-circumvention provisions. ” The defendants argued that during the development of the cheating software, no copies of Destiny 2 were made or distributed, and no derivative works were created.

Copyright 145

Copyright Derivative Work Intellectual Property Copyright Infringement 145

TorrentFreak

AUGUST 29, 2023

.” The only claim that should be able to survive, for now, is direct copyright infringement, but OpenAI expects to defeat the claim at a later stage. Fair Use The authors’ copyright infringement claims are grounded in copyright law. Derivative? That is not how copyright law works,” OpenAI adds.

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Copyright Infringement Copyright Fair Use Derivative Work 128

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

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Fair Use Derivative Work Artwork Copyright Law 98

IP and Legal Filings

DECEMBER 23, 2024

RELEVANT LAWS While the Fair Use of Copyright Doctrine has been codified under Section 52 of the Indian Copyright Act, 1957, Indian courts frequently assess the facts and circumstances of each case by referring to the four doctrinal factors laid under Section 107 of the US Copyright Law.

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Fair Use Derivative Work Journalism Copyright Infringement 52

Copyright Lately

JANUARY 23, 2023

Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. The Copyright Act Definition is Broad, But.

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Derivative Work Art Copying Fair Use 113

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.

Intellectual Property 52

Intellectual Property Copyright Law Copyright Law 52

43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. 101 (derivative works “represent an original work of authorship”); L.

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Derivative Work Fair Use Copying Copyright 90

Kluwer Copyright Blog

AUGUST 13, 2023

The plaintiffs are authors of books, who, as per US copyright law, have registered copyrights in the books they published. Even if the plaintiffs did not consent to the use of their copyrighted books as training dataset, their copyrighted materials were ingested and used to train ChatGPT.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

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.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz alleged that the Defendants infringed his exclusive right to reproduce, make copies, distribute, or create derivative works by publishing the midterm exam and final exam on the Course Hero Website without permission.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

TorrentFreak

JUNE 22, 2022

“Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write. That turns copyright law on its head,” the lawyers write. ‘Infringements’ Removed?

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Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 139

BYU Copyright Blog

MAY 24, 2022

The Guide was made available online and widely distributed to current and potential Pepperdine students.McGucken asserts that this use of the Photo was a violation of his rights to reproduce, display, distribute, and create derivative works.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

SEPTEMBER 18, 2024

The ability for students to complete parts of their curriculum by means of automated tools has caused unease in academic communities in light of the growing inability to properly distinguish between honest student work and AI-generated submissions. I. GenAI at odds with copyright law? the third criterion).

Copyright 130

Copyright Higher Education Copyright Infringement Ownership 130

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? 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.

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Derivative Work Licensing Artwork Contracts 94

The IPKat

JANUARY 25, 2022

The copyright lawyer might well respond with a glazed look. Indeed, it is Benjamin's notion of the aura, where each work of art has its own unique setting, which underscores just how derivative its use is when applied to a book cover. But this is not the case for works of art. But of course.

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Art Artwork Copying Moral Rights 134

The IP Law Blog

MARCH 14, 2024

The author plaintiffs alleged that OpenAI infringed on their published works by using these works to help train its LLM. The plaintiffs alleged that OpenAI copied their published books, which are protected by copyright law, and used them in a training dataset for its LLM.

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. It was also held in this case that in the case of a work inspired by already existing works, the new or ‘derivative work’ should be considerably different from the existing works.

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Copyright Artistic Work Copyright Law Art 105

IPilogue

SEPTEMBER 13, 2022

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. The song writing duo seemed to have crossed the line when they began profiting off the Bridgerton brand.

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Social Media Music Intellectual Property Content Creation 104

Velocity of Content

NOVEMBER 4, 2024

Here’s why: Legal Compliance: By obtaining proper licenses, businesses can take measures to stay on the right side of copyright law when using AI tools. Ethical Considerations: Licensing acknowledges and provides remuneration to creators for the value of their work, which contributes to AI advancements. .”

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Licensing Copyright Business Reporting 52

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” First, as far as copyright cases go, this one’s easy. Was it a license on the world’s greatest terms?

Music 112

Music Derivative Work Fair Use Cease and Desist 112

LexBlog IP

MARCH 22, 2023

In the statement, they explain that while AI can generate creative works, users do not have ultimate control over how the system interprets prompts and generates material. Under copyright law, authorship is determined by examining who exercised creative control over a work. Summary of US Copyright Office Notice on AI: 1.

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Derivative Work Copyright Copyright Law Technology 52

IPilogue

DECEMBER 20, 2021

Japan’s proposed new law would require professional cosplayers to pay a fee to the creators of the characters they cosplay in specific circumstances ( for example , when appearing as a character for an event or on television). Luckily for most cosplayers, their costumes likely do not infringe copyright laws.

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Copyright Television Copyright Infringement Derivative Work 122

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 in the U.S.

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Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

APRIL 25, 2023

Extending to copyright law, where Thaler is fighting a similar battle, isn’t there a “modicum of creativity” leading to the AI-created work? Copyright law does this well with the protection of derivative works. The term “Derivative Work” is defined in 17 U.S.C. §

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Derivative Work Invention Copyright Law Copyright 52

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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Copyright Copyright Law Fair Use Law 138