The IP Law Blog

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”).

Public Domain 113

Public Domain Copyright Copying Registration 113

TorrentFreak

OCTOBER 17, 2022

and owner Robert James Duthie Nelson, admitting to copyright violations. The defendants accepted that their cheating software “displays a graphical overlay” that integrates into and annotates Bungie’s copyrighted Destiny 2 work, and injects new code into Destiny 2’s copyrighted code, in both cases creating an unlicensed derivative work.

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Settlement Derivative Work Copyright Litigation 145

The IP Law Blog

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. The Course Hero website is an education-focused website for document sharing. As part of that course, Prof.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

TorrentFreak

SEPTEMBER 5, 2023

Bungie’s copyright infringement-based lawsuits against cheat makers, sellers, and those who use them, have divided opinion in unexpected ways. It targeted an individual who had deployed cheats in Destiny 2 and as a result, now faced claims of breaching security mechanisms controlling access to a copyrighted work.

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Cease and Desist Derivative Work Copyright Infringement Copyright 125

TorrentFreak

MAY 10, 2023

The Domino Effect Bungie filed a copyright infringement lawsuit against defendants allegedly involved in the development and supply of Destiny 2 cheat ‘Wallhax’ back in August 2021. in copyright infringement damages against Elite Boss Tech, Inc., in copyright infringement damages against Elite Boss Tech, Inc.,

Derivative Work 140

Derivative Work Copyright Infringement Copyright Contracts 140

IP and Legal Filings

MAY 3, 2023

Introduction Originality in copyright works is the sine qua non of all the copyright regimes of the world. Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel.

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Copyright Public Domain Copying Publishing 98

TorrentFreak

DECEMBER 1, 2022

All faced allegations of copyright infringement, violations of the DMCA’s anti-cicumvention provisions, RICO violations, conspiracy, plus sundry other charges. At least from the information available in court documents, it seems that Bungie is using compliant defendants (i.e Bungie’s damages award was $13.5m.

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Derivative Work Copyright Infringement Business Copyright 141

TorrentFreak

NOVEMBER 2, 2022

Other claims in the complaint include the unlawful reproduction of copyrighted artwork and game files, plus inducing and contributing to the copyright-infringing acts of Ring-1 customers, who allegedly create unauthorized derivative works when they deploy Ring-1 cheats. Defendants Picked Off, One By One.

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Settlement Cease and Desist Confidentiality Derivative Work 135

TorrentFreak

JULY 17, 2022

The company’s lawsuits variously claim copyright infringement (when cheat makers use pieces of original code or creative derivative works ), circumvention of technical measures (under the DMCA), breach of contract, and/or violation of consumer protection laws. Ban After Ban After Ban. And there’s more.

Derivative Work 144

Derivative Work Social Media Contracts Licensing 144

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.

Copying 145

Copying Social Media Licensing Technology 145

TorrentFreak

JANUARY 25, 2023

In August 2021, Bungie filed a copyright infringement lawsuit against a number of defendants involved in the development and supply of Destiny 2 cheating tool, Wallhax. and owner Robert James Duthie Nelson, admitted that their tool breached copyright by injecting new code into Bungie’s, thereby creating an unlicensed derivative work.

Derivative Work 145

Derivative Work Copyright Litigation Privacy 145

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

Copyright Lately

NOVEMBER 21, 2021

Breaking down Miramax’s copyright infringement lawsuit against Quentin Tarantino, a dispute about NFTs that isn’t really about NFTs. Tarantino is being billed as the first major legal dispute involving copyrights and NFTs, it really isn’t a dispute about NFTs. Frankly, it’s barely a dispute about copyrights.

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

Kluwer Copyright Blog

JUNE 19, 2023

However, the ensuing craze and notoriety generated by many high-value NFT transactions has revealed a slew of unanswered legal copyright questions and issues. However, de facto they merely owned proof of ownership without any proprietary value, as all copyright and any related rights were retained and not granted upon purchase.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Technology & Marketing Law Blog

MARCH 7, 2022

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Factual and Procedural Background. 3d at 1198.

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Registration Blogging Copyright Designs 98

Technology & Marketing Law Blog

JANUARY 12, 2024

Instead of asserting copyright and trademark claims, they tried trespass to chattels. Worse, it’s not clear the users have a “possessory interest” in those bits due to the possibility that copyright and contract law that may limit what users can do with those bits. Why are we revisiting this crusty old topic?

Copying 98

Copying Ownership Derivative Work Contracts 98

TorrentFreak

AUGUST 13, 2022

By inducing the direct infringements of Lavicheat users who “copy, reproduce, adapt, and/or create derivative works” from Bungie’s copyrighted works, Lavicheats is liable for contributory copyright infringement. From: TF , for the latest news on copyright battles, piracy and more.

Derivative Work 98

Derivative Work Copyright Infringement Copyright Copying 98

Technology & Marketing Law Blog

JUNE 17, 2023

What does all that mean for companies looking to develop generative AI, and the online sources of their training data that might be looking to stop them? ¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. This will make it hard to prove damages.

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Blogging Licensing Privacy Copyright Notice 132

BYU Copyright Blog

OCTOBER 7, 2021

Post University, a for-profit university located in Waterbury, Connecticut, filed a complaint last week alleging copyright infringement by online learning service Course Hero. Course Hero also provides access to students in exchange for providing the service with access to new documents that Course Hero can upload for other students to view.

Derivative Work 52

Derivative Work Copyright Infringement Copyright Trademark 52

LexBlog IP

MAY 5, 2022

When standard approaches failed, a business professor recently turned to copyright law, hoping for a solution. Berkovitz administered a midterm exam and a final exam, which comprised copyrighted material. The Course Hero website is an education-focused website for document sharing. As part of that course, Prof.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

LexBlog IP

SEPTEMBER 28, 2023

21, 2023) (Hector Gonzalez), the District Court for the Eastern District of New York granted the plaintiff’s motion for summary judgment regarding the validity of its copyright. The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”).

Public Domain 52

Public Domain Copyright Copying Registration 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that copyright was a dead-end. In this lawsuit, the plaintiffs aren’t suing Google for violating their copyrights or trademarks. A website can own the copyrights to the HTML code and the files that users download. That’s the purview of copyright–or not restricted at all. Wells Fargo v.

Licensing 105

Licensing Copyright Contracts Advertising 105

Traverse Legal Blog

SEPTEMBER 12, 2023

This text discusses the basics of copyright and how it applies to artificial intelligence (AI). It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

LexBlog IP

SEPTEMBER 12, 2023

This text discusses the basics of copyright and how it applies to artificial intelligence (AI). It highlights the importance of understanding copyright laws when using data for AI training or generating content. It debunks common misconceptions, such as assuming publicly available data is protected from copyright protections.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

SpicyIP

DECEMBER 17, 2023

[ This post is authored by Prachi Mathur and is the third post of the three-part post on the history of terms of copyright and translations in India. Image by Freepik In part I and II of the post, I analysed the historical development and debates on the term of copyright in India.

Copyright 59

Copyright Publishing Derivative Work Copyright Law 59

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. In return, the patent owner discloses technical details in the published patent document. As per the definition, the computer program comes under copyright law.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

43(B)log

FEBRUARY 4, 2023

Akshat Agrawal, Copyright's distortive effects Copyright directs investment to excludable assets. Music sampling: the tapestry/raw materials of early hip-hop practice make those kinds of works works assets that can’t attract investment. I could think that copyright is relatively neutral in an incredibly sexist society.

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Copyright Editing Settlement Music 49

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. b) Teaching.

Copyright 52

Copyright Related Rights Copyright Law Publishing 52

IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S. 1258, (2023).

Fair Use 105

Fair Use Licensing Art Music 105

43(B)log

AUGUST 3, 2023

Data mining legal documents, work product, court cases, and then create work based on previous work. The input was copyrightable; the output is not. Taken copyright-protected material and transformed it into public domain material—dangerous for law firms. Copyright for humans only? unjust enrichment.

Fair Use 40

Fair Use Copyright Derivative Work Marketing 40

Velocity of Content

FEBRUARY 6, 2024

From a copyright perspective, an important question (of many important questions) to ask is whether training materials are retained in the large language model (LLM) produced by various LLM vendors. In this way, the original use of the words, the expression of the original work, is preserved in the AI system.

Copying 59

Copying Derivative Work Copyright Technology 59

Velocity of Content

APRIL 30, 2024

What is it about the technology involved in LLMs that creates a copyright concern? Babis Marmanis: LLMs would not work without word embeddings. Indexes use word embeddings with the goal of retrieving the most relevant documents. In the generative AI context, you get the ability to reproduce the text of the document.

Licensing 52

Licensing Social Media Copyright Publishing 52

Velocity of Content

APRIL 11, 2024

A spate of recent lawsuits is shining light on how some generative AI (GenAI) companies are using copyrighted materials, without permission, as a core part of their products. Among the most recent examples is the New York Times Company’s’ lawsuit against OpenAI, which alleges a variety of copyright-related claims.

Licensing 52

Licensing Fair Use Copying Copyright 52

Selvam & Selvam Blog

SEPTEMBER 23, 2024

A significant aspect of this trend is the rise of song remixes, which, now accessible to anyone, have also led to an increase in IP infringement issues – particularly copyright implications. It is first pertinent to bring out the difference between cover songs and a remix in order to obtain a clearer picture of its copyright implications.

IP 52

IP Licensing Cease and Desist Music 52

LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. ” (S. Goldsmith , 598 S.

Fair Use 52

Fair Use Licensing Art Music 52

IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. Goldsmith , 598 S. 1258, (2023).

Fair Use 40

Fair Use Licensing Art Music 40