Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? What about editing some NBA Top Shots moments to create a fantasy matchup between Michael Jordan and Steph Curry? Want to Create New Derivative Works? NFT enthusiasts envision a fictional world of fan-owned creative properties and character crossovers.

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Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. This limited edition Dune book may be one of 10 copies of this hardback auctioned. The digital asset.

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Non-Fungible Tokens Licensing Ownership Copying 97

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

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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.

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Copyright Intellectual Property Derivative Work Editing 52

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]

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Derivative Work Cease and Desist Blogging Litigation 59

The IP Law Blog

JUNE 15, 2023

Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. VHT “is the largest professional real estate photography studio” in the U.S.,

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LexBlog IP

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. The other opinion maintains that the copyright is only established once the NFT is minted. The first view is more closely aligned with traditional copyright law, and the court is likely to view that standard as applicable to NFTs and copyright law.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Velocity of Content

DECEMBER 4, 2024

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

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Derivative Work Copyright Moral Rights Copyright Law 52

The IPKat

JANUARY 17, 2024

The book that is going to change copyright law? After the referrals in Mio [IPKat here and here ] and USM Haller [IPKat here ] , another referral asking about the meaning of originality in EU copyright law has been made to the Court of Justice of the European Union (CJEU): it is the referral from Romania in Institutul G.

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Derivative Work Editing Copyright Music 137

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).

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Copyright Higher Education Copyright Infringement Ownership 130

The IPKat

OCTOBER 1, 2022

copyright law or European copyright law, most of the designs in the “Ciao, Kim” collection might be hard-pressed to be copyrighted. copyright law. Symbolic meanings of works or the author’s intent have been deemed irrelevant to the evaluation of originality (as outlined in the U.S.

Copying 97

Copying IP Copyright Law Designs 97

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. It does demand, however, that no part of the work be plagiarised. It must be the author’s original work. can have copyright.

Copyright 98

Copyright Public Domain Copying Publishing 98

LexBlog IP

JULY 21, 2021

.” Jarrod Welsh, Copyrighting God: New Copyright Guidelines Do Not Protect Divine Beings, 17 Rutgers Journal Of Law & Religion 121 (2015). As that Compendium notes in its 2021 edition at Section 313.2 : The Office will not register works produced by nature, animals, or plants. copyright law.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 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

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.

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Music Copyright Derivative Work Ownership 72

Kluwer Copyright Blog

NOVEMBER 8, 2021

Top 3 Kluwer Copyright Blog posts. 1) The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis.”

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

The IPKat

JANUARY 27, 2024

Copyright Eleonora Rosati alerted readers to the latest referral on the meaning of originality in EU copyright law - this time, a referral from Romania regarding the protectability of a critical edition of a work (a type of derivative work).

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Derivative Work Intellectual Property Editing Copyright 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.

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Copyright Copyright Law Fair Use Law 138

The IPKat

SEPTEMBER 14, 2023

While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might be interested in this short preview from the second edition of Copyright and the Court of Justice of the European Union (Oxford University Press), which is going to be released on 5 October. Any feedback is welcome!

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Copyright Derivative Work Copyright Law Law 91

Kluwer Copyright Blog

FEBRUARY 22, 2022

Other contributions have focussed on creators within these industries, and look to the interplay between law and practice, examining whether specific provisions in copyright are successful in their application. More from our authors: Law of Raw Data. Intellectual Property Law in China, 2nd edition.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Kluwer Copyright Blog

JUNE 7, 2023

is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). By contrast, the 35-year termination right in the U.S Cornish’s solutions.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

The IPKat

MARCH 22, 2024

The role of US copyright law and economic rights As a signatory to the WPPT , the US grants performers economic rights to performances which are fixed in a sound recording. After all, making and using new recordings similar or even nearly identical to existing ones, are not infringing any US copyrights, as per art.

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Moral Rights Copyright Music Art 71

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

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. Complaint ¶ 64] In the alternative, Trump pleads that he owns the copyright only in his responses to Woodward’s questions. Hustler Magazine, Inc.

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LexBlog IP

JANUARY 10, 2024

” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. ” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. Woodward Motion Brief at 16; Woodward Reply Brief at 7. ” Id.

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Ownership Copyright Government Intellectual Property 52