Trademark and Copyright Law Blog

FEBRUARY 7, 2024

One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works. Even into late 2023, a 2022 Best Picture contender, Top Gun: Maverick , remained embroiled in a dispute involving derivative works.

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Kluwer Copyright Blog

JUNE 5, 2023

Many copyright professionals had hoped that the Court’s Goldsmith decision would articulate a workable standard for distinguishing transformative fair uses from infringing derivative works. After all, many derivative works (say, a movie made from a novel) will add something new and convey some new meanings or messages.

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TorrentFreak

FEBRUARY 13, 2024

The vision wasn’t wrong; large text archives are great training material for Large Language Models, but many authors disapprove of their works being used in this manner, without permission or compensation. Judge Martínez-Olguín sees no evidence for the intentional removal of this copyright information.

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Intellectual Property Law Blog

APRIL 12, 2023

Will scanning images (or other copyright-protected content) to create a generative AI model for use in creating images be deemed fair use? It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

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The IPKat

JANUARY 4, 2022

Kat friend Dr. Aleksandra Sewerynik shares her periodic insights on copyright in the recording industry, this time in connection with the rights of the music producer. But how do the copyright provisions play out? The form of expression of the intellectual creation is not taken into account in determining copyright protection.

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The IPKat

JULY 27, 2021

Long time readers of the IPKat may remember a while back, when the Academy logo (featuring the Oscar statue silhouette) was denied copyright registration. The US Copyright Office concluded that the logo was a derivative work of the Oscar statuette and did not possess the requisite authorship to sustain a (self-standing) claim to copyright.

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Technology & Marketing Law Blog

NOVEMBER 21, 2023

This is another preliminary ruling in the copyright battle over generative AI. Copyright law has the capacity to nix the entire generative AI category. Fortunately, Judge Chhabria easily rejects the copyright owners’ overclaims. This short opinion squarely addresses when AI training models constitute derivative works.

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IP Watchdog

FEBRUARY 27, 2023

Companies rely on copyright protections to shield their software, data sets, and other works that are licensed to their customers; however, a reframing of what constitutes a “transformative use,” and the extent a license can restrict such fair uses, may whittle away all avenues of protections.

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TorrentFreak

JANUARY 17, 2024

Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.” When he copied and then rebroadcast the news report, that was copyright infringement. Acuff-Rose Music, Inc.

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TorrentFreak

OCTOBER 17, 2022

From a copyright perspective, AI can bring up some interesting questions. For example, can content created by an AI be copyrighted like any other work? Or perhaps AI can infringe copyrights held by others? Unauthorized Copies and Derivatives. From: TF , for the latest news on copyright battles, piracy and more.

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Plagiarism Today

JULY 28, 2021

1: Bungie & Ubisoft Sue Destiny 2 Cheatmakers Ring-1 For Copyright Infringement. The lawsuit alleges that the group is committing copyright infringement not only because they are making derivative works based upon their games, but because they are circumventing copyright protection tools.

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IP Watchdog

JULY 21, 2023

This week in Other Barks & Bites: government officials from the European Union and United States celebrate a milestone for the EU-U.S.

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43(B)log

JANUARY 27, 2023

Steeplechase has a copyright for the book, “Piano Book for Adult Beginners: Teach Yourself How to Play Famous Piano Songs, Read Music, Theory & Technique” and registered trademark rights in STEEPLECHASE ARTS & PRODUCTIONS for, among other things, music instruction books, including for the Piano Book. Wisdom Paths, Inc.,

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Traverse Legal Blog

NOVEMBER 25, 2024

The infringer owes at a minimum a reasonable royalty to the copyright holder. Enrico Schaefer, Copyright & Litigation Attorney. What Is Accidental Copyright Infringement. 2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law.

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IPilogue

NOVEMBER 8, 2021

Copyright Infringement? . Chegg works by hiring freelance workers to prepare step-by-step processes to answer the questions at the end of each chapter of Pearson textbooks. There has been a spike in Chegg subscriptions since the COVID-19 pandemic moved many students to remote learning. . Code, subsection 101 , states: . “

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TorrentFreak

AUGUST 29, 2023

From a copyright perspective, AI brings up some interesting questions. For example, can content created by an AI be copyrighted? And can an AI be trained on copyrighted works without limitation? Fair Use The authors’ copyright infringement claims are grounded in copyright law. Derivative?

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JD Supra Law

FEBRUARY 9, 2024

By: Foley Hoag LLP - Trademark, Copyright & Look no further than this year’s top contenders for examples of this, including Oppenheimer, American Fiction, Killers of the Flower Moon, Poor Things (all based on books)—and, of course, Barbie.

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Kluwer Copyright Blog

JANUARY 16, 2024

Image via Pixabay The two US class actions against Meta We have previously analysed US class actions against Open AI ( here ) and Google ( here ) for unauthorized use of copyright works in the training of generative AI tools, respectively ChatGPT, Google Bard and Gemini. Vicarious Copyright Infringement (17 U.S.C. §

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Plagiarism Today

JANUARY 3, 2022

2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. However, the court disagreed, saying that the Copyright Royalty Board has primary jurisdiction over these issues, and it has oversight in this matter. They are free of copyright. Milne’s book Winnie the Pooh.

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Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

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TorrentFreak

JULY 28, 2021

The plaintiffs believe that Ring-1 or those acting in concert with them fraudulently obtained access to the games’ software clients before disassembling, decompiling and/or creating derivative works from them. Copyright Infringement Offenses. From: TF , for the latest news on copyright battles, piracy and more.

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Plagiarism Today

AUGUST 29, 2022

The author(s) do not pay anything, but are required to sign over the copyright in their article so that the journal can charge for access to it. The largest is that it locks important research behind a paywall, meaning that other researchers, members of the public and even government agencies may not be able to access the work they need.

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Plagiarism Today

SEPTEMBER 14, 2022

This prompted a ban on AI works at the site. Copyright: All AIs are trained using existing images, almost all of which were created by human artists. Many artists have found their work in the libraries of different AI systems and have expressed anger over it. Simply put, there’s no way to resolve all these issues right now.

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Kluwer Copyright Blog

AUGUST 13, 2023

In the US, two class actions were filed against OpenAI , one mainly focused on alleged data breach ( here ) and only based on alleged copyright infringements (here). In the UK the High Court of Justice of England and Wales is dealing with a copyright case between Getty Images (US) Inc. and others v. and others v. Stability Al Ltd.

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The IPKat

JUNE 7, 2022

Readers may have seen that the media have picked up on a claim made against Mariah Carey for copyright infringement by her infamous song " All I Want for Christmas is You ". However, as readers will know, there can be no copyright in a title (see also Compendium US Copyright Offices Practices, §313.4C ).

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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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Plagiarism Today

SEPTEMBER 20, 2021

1: ‘ Sports Illustrated’ Model Sues Twitter for $10 million, Accusing its Algorithm of Contributing to Copyright infringement. Morton also alleges that Twitter has been slow to remove allegedly infringing material from their site despite obligations to do so “expeditiously” under the Digital Millennium Copyright Act.

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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.

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TorrentFreak

JULY 14, 2024

However, a quest by local parents, to raise public awareness of the nature of that instruction, has led to one of their group in Indiana being sued by LifeWise for copyright infringement. Copyright Complaint, Religious Controversy Filed in the Northern District of Indiana (Fort Wayne Division) on July 2, 2024, plaintiff LifeWise Inc.

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JIPL Online

MARCH 15, 2021

With more content comes the increased possibility that Netflix is engaging in copyright infringement and on the receiving end of copyright infringement claims. [1] 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. SETTLEMENT CASES.

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The Illusion of More

JANUARY 19, 2022

By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66 million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works.

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IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Fair use provides some exceptions to copyright protection, allowing limited use of copyrighted material without the permission of the copyright owner.

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Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that? an exploitation that caused them no harm).

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TorrentFreak

JANUARY 6, 2023

A 2020 class action lawsuit filed by musician Maria Schneider accused YouTube of mass copyright infringement, failing to suspend ‘repeat infringers, and restricting access to anti-piracy tools, among other allegations. Copyright Law: Infringement Standards. YouTube’s Motion For Summary Judgment.

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BYU Copyright Blog

JANUARY 10, 2022

In October, we reported that Post University, a for-profit university located in Waterbury, Connecticut, filed a complaint claiming copyright infringement, trademark infringement, violations of the DMCA, and related violations of law by online service provider Course Hero.

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Velocity of Content

DECEMBER 4, 2024

The following is an excerpt from the article “The Heart of the Matter: Copyright, AI Training, and LLMs,” authored by Daniel Gervais (Milton R. The full article can be read in the Journal of the Copyright Society. If so, infringement may occur unless an exception applies or the LLM did not have access to the original work.

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The IPKat

SEPTEMBER 24, 2023

The IPKat has received and is pleased to host the following guest contribution by Katfriend Jakub Wyczik (University of Silesia in Katowice) on Artificial Intelligence (AI) and the application of copyright subsistence criteria. Human author It is well known that copyright protects products of the human mind (see Feist v. 99 (1879) ).

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