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

The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. 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.

Art 133

Art Artwork Copying Moral Rights 133

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. The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

JIPEL Copyright Blog

APRIL 28, 2021

Sites like AO3 provide fanfiction authors with a forum to publish their works, as well as huge audiences from around the world to consume them for free. The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. §

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

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.

Copying 123

Copying Non-Fungible Tokens Contracts Copyright 123

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. Was it a license on the world’s greatest terms?

Music 102

Music Derivative Work Fair Use Cease and Desist 102

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. Taylor however retained the copyrights over the compositions she created, enabling her to (re-)publish the music independently.

Moral Rights 67

Moral Rights Copyright Music Art 67

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

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Copyright Law and DRM. Rules in the United States are particularly clear.

Copying 115

Copying Social Media Licensing Technology 115

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”? ” And then there is the more recent case of Taggart v.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 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

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] xii] These so called “rules for meme marketing” instruct corporate entities to be “authentic” and “relatable.”

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IP Intelligence

JUNE 7, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. at 1289 (Gorsuch, concurring) (emphasis added).

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

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 91

Licensing Copyright Contracts Advertising 91

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. The digital revolution has moved legal questions about copyright, information, and competition law to the regulatory centre of the creative industries.

Copyright 52

Copyright Public Domain Marketing Marketing 52

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

Technology & Marketing Law Blog

JUNE 20, 2023

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. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 97

Fair Use Derivative Work Blogging Licensing 97

LexBlog IP

JUNE 7, 2023

“Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. ” (S. ” Id.

Fair Use 52

Fair Use Licensing Art Music 52

Technology & Marketing Law Blog

MARCH 7, 2022

(Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” 3d 1194 , 1196 (9th Cir.

Registration 79

Registration Blogging Copyright Designs 79

IP Intelligence

JUNE 6, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. at 1289 (Gorsuch, concurring) (emphasis added).

Fair Use 40

Fair Use Licensing Music Art 40

Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. We, who have been writing and teaching about copyright law and how it has responded to challenges posed by new technologies for decades, were among those who submitted comments, see [link].

Copyright 95

Copyright Fair Use Copyright Law Copyright Infringement 95

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 copyright law. ”) Other religions “seek copyright for secrecy, but secrecy to protect their students[,].teachers ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

The IP Law Blog

JUNE 15, 2023

The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to … the Copyright Act is a mixed question of law and fact.” VHT licenses the individual photos themselves, not the database, and the database itself is not published.

Copyright 98

Copyright Registration Licensing Derivative Work 98

Technology & Marketing Law Blog

JUNE 17, 2023

The court found: [W]hile Plaintiffs identify several instances in which Copilot’s output matched licensed code written by a Github user, Compl. ¶¶ 56, 71, 74, 87-89, none of these instances involve licensed code published to GitHub by Plaintiffs. GitHub (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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