Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Rather than simply defend (or settle) Vila’s copyright claim, Deadly Doll filed a counterclaim, asserting that Vila was the true infringer.

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Copyright Derivative Work Artwork Fair Use 102

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.

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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.

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Derivative Work Copying Copyright Infringement Copyright 112

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.

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Fair Use Derivative Work Blogging Licensing 98

IP and Legal Filings

MAY 3, 2024

Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works. These rights generally include the rights to reproduce, distribute, perform, publish and create derivative works.

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Fair Use Copyright Privacy Copying 105

TorrentFreak

JANUARY 6, 2023

Copyright Law: Infringement Standards. YouTube’s main defense to Schneider’s copyright claims in other works is that it holds a “ blanket catalog license ” granted by Modern Works Music Publishing (MWP).

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Copyright Licensing Music Publishing 139

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.

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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 128

Copying Non-Fungible Tokens Contracts Copyright 128

TorrentFreak

MAY 17, 2022

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service. Copyright Law and DRM.

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Copying Social Media Licensing Technology 145

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?

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Music Derivative Work Fair Use Cease and Desist 109

Velocity of Content

SEPTEMBER 2, 2021

Creative Commons licenses come in different flavors (and different versions ; if you opt to use one on your work, it is probably prudent to use the most recent version—and even more likely prudent to make sure you understand what it actually says). CC licenses are not per se “online only” but they are impractical offline.)

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Copyright Licensing Derivative Work Social Media 116

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

SpicyIP

JUNE 26, 2024

Data published by the World Blind Union in 2014 indicated that less than 10% of published material was available in accessible format for persons with visual impairment, and most such material was only available in English, thereby leading to a ‘book famine’.

Copyright 81

Copyright Copying Publishing Cinema 81

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?

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Copyright Registration Music Copyright Law 105

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

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

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].

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Copyright Fair Use Copyright Law Copyright Infringement 96

Olartemoure Blog

APRIL 14, 2023

The trademark claimed that it had the rights over the photograph and published it on its social media as advertising , without the authorization of the author. However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work.

Branding 52

Branding Brands Branding Derivative Work 52

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

Velocity of Content

JANUARY 15, 2025

When using copyrighted materials, a common misconception persists that internal use within an organization does not require licensing. The truth is that copyright law applies to both internal and external uses. Incorporating figures, graphs, or illustrations from a published work into an internal presentation.

Licensing 52

Licensing Copyright Copyright Law Copying 52

Copyright Lately

JANUARY 31, 2023

Interpolations (Get Money) Interpolations are big business, especially for many of the venture-capital backed companies looking to recoup some of the hundreds of millions of dollars they’ve spent acquiring music publishing rights from the likes of Paul Simon, Stevie Nicks, and Bob Dylan. This is because, under U.S. ” 17 U.S.C. §

Music 104

Music Copyright Licensing Copyright Infringement 104

Garrigues Blog

MAY 11, 2021

The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. 822 – Copyright Law, in line with decision no. However, it excludes ideas, procedures, methods of operation and/or construction and styles used in architectural works (i.e.,

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

The IPKat

NOVEMBER 15, 2023

While the vast majority are not at all unwilling to embrace the technology, results also show that 95% of members would like to be at least informed if their work is used to train an AI machine, most would also like to be remunerated [Note that the survey results are not yet published]. In this context, Mr Blackmore of AI Caramba!

Reporting 72

Reporting Derivative Work Intellectual Property Copyright 72

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. §

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Derivative Work Fair Use Copyright Marketing 45

Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Derivative works under French copyright law. here and here ). a remake or an adaptation of a book into a film).

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Derivative Work Copyright Law Copyright Law 111

LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Derivative Works and AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

Copyright Lately

OCTOBER 25, 2021

Concerned about the effect the book would have on Twain’s reputation, publisher Harper & Brothers and his daughter Clara Clemens filed a lawsuit to stop further publication of “Jap Herron.” Bottom line is that the masks were equally freaky, but not substantially similar as a matter of copyright law.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

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

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. vii] Deidrè A.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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. In return, the patent owner discloses technical details in the published patent document.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

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 105

Licensing Copyright Contracts Advertising 105

LexBlog IP

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 52

Derivative Work Copying Copyright Infringement Copyright 52

SpicyIP

DECEMBER 17, 2023

Section 4 of the 1914 Act provided for the modification of copyright as regards the translation of works first published in British India. For works initially published in British India, the copyright for translating, producing, reproducing, performing, or publishing is limited to ten years from the first publication.

Copyright 59

Copyright Publishing Derivative Work Copyright Law 59

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. Plaintiffs attach each of these licenses to the complaint.

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Blogging Licensing Privacy Copyright Notice 132

BYU Copyright Blog

OCTOBER 7, 2024

Internet Archive's Fair Use Defense Falls Short Fair Use,Literary Works,Infringement Found October 07, 11:03 AM October 07, 11:03 AM On May 15, 2024, we published a post about an important legal dispute between the Internet Archive (IA) and the publisher Hachette, along with other major publishers (the Publishers").

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Fair Use Copying Publishing Licensing 40

Velocity of Content

APRIL 11, 2024

“Despite efforts by LLM providers to avoid reproducing lengthy excerpts from single works, strings of words from ingested works persist in LLMs. Re-published with permission. GenAI systems use copies of content like books and articles, many of which are protected by copyright, for training their LLMs.

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Licensing Fair Use Copying Copyright 52

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.”

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Fair Use Art Copyright Derivative Work 82