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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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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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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Kluwer Copyright Blog

MAY 20, 2024

17(7) CDSM Directive (although in a broader context than that of users’ uploads on OCSSPs), §51a permits the reproduction, distribution and communication to the public of a published work for the purpose of caricature, parody and, relevant for the present discussion, pastiche. Adopted to fill the gap left by §24, and pursuant to art.

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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.

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Copyright Derivative Work Copying Copyright Infringement 98

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 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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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.

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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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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

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Academic integrity and plagiarism issues in this context ultimately also lead us to copyright law. Or do students expose themselves to liability for copyright infringement when using GenAI output? I. GenAI at odds with copyright law? the third criterion).

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Copyright Higher Education Copyright Infringement Ownership 130

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 112

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

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

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).

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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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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’.

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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

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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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. Eventually, a publication featuring sixteen of the forty-two matriculation papers was released by the University Tutorial Publishing Limited. can have copyright.

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Copyright Public Domain Copying Publishing 98

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

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.”

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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.

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Copyright Derivative Work Fair Use Copyright Law 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 107

Music Copyright Licensing Copyright Infringement 107

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.

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Licensing Copyright Copyright Law Copying 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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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.

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Copyright Intellectual Property Derivative Work Editing 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.

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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.

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Intellectual Property Invention Artistic Work Copyright 75

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.

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Copyright Related Rights Copyright Law Publishing 52

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

In 2019, that extension ran out, and 95-year-old works from the 1920s began to enter the public domain every January. In 2021, we have arrived at the moment of free access to works published in 1925, the midpoint of the Roaring Twenties. the exclusive right to their respective writings.”

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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.

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Moral Rights Copyright Music Art 72

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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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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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.

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Copyright Publishing Derivative Work Copyright Law 58