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).

Copyright 114

Copyright Artwork Moral Rights Non-Fungible Tokens 114

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.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Kashishipr

NOVEMBER 17, 2021

Copyright is a bundle of rights and can be exploited in several ways independently from each other. What is an Assignment of Copyright? In case the assignment of copyright is for any future work, the assignment will take effect only when the work is in an expressed form and not just an idea.

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

IPilogue

DECEMBER 20, 2021

While most creators support fandoms, with some even regularly appearing at fan conventions , the line between appreciating a creator’s work and copying can be blurred. What may seem like a harmless activity in the spirit of fandom can at times give rise to copyright infringement. .

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Copyright 1. For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3.

IP 113

IP Derivative Work Intellectual Property Art 113

The IPKat

JULY 7, 2024

The adventures of the young boy with the quiff seem to be an inexhaustible source of copyright disputes [ IPKat here or here ]. Hergé's legacy is fiercely defended by Mrs Rodwell and Tintinimaginatio against third parties who draw too much inspiration from his works. Parody Starting with parody, relying on both article L. 113-4 of CPI.

Derivative Work 124

Derivative Work Copyright Infringement Copyright Fair Use 124

IPilogue

SEPTEMBER 13, 2022

Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP. Since one of the event locations is in Washington D.C

Social Media 105

Social Media Music Intellectual Property Content Creation 105

TorrentFreak

SEPTEMBER 7, 2021

Filed in May, the complaint alleged two types of copyright infringement, violations of the Federal Communications Act (FCA), conversion, and violations of the Computer Fraud and Abuse Act. In July, Triller filed its second amended complaint which added Teddy Fresh Inc. and 10 ‘Doe’ defendants.

Copyright 110

Copyright Fair Use Copyright Infringement Copying 110

BYU Copyright Blog

MAY 13, 2024

response to Pearson Education's complaint in a copyright suit over educational practice questions and answers. Chegg presented several defenses, including fair use, copyright misuse, express license, and equitable estoppel. Until that occurs, we will continue to provide updates on the case as new important events unfold.

Fair Use 52

Fair Use Derivative Work Settlement Copyright 52

Copyright Lately

AUGUST 2, 2022

The full story behind Netflix’s copyright infringement lawsuit against Barlow & Bear, and why it’s actually a win for the fan fiction community. When it comes to copyright cases, Netflix has seen stranger things. First, as far as copyright cases go, this one’s easy. Barlow & Bear refused.”

Music 101

Music Derivative Work Fair Use Cease and Desist 101

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. 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. Happy Oscar season!

Derivative Work 64

Derivative Work Licensing Copyright Copyright Law 64

The IPKat

JULY 2, 2021

In any event, when it comes to the movie version of a literary classic, the relationship between the user/viewer and the contents of the film is especially nuanced. First, the copyright basics. Even if so, for the “All-In” group, the movie, as a derivative work, remains tethered to the literary work.

Derivative Work 67

Derivative Work Copyright Publishing 67

BYU Copyright Blog

OCTOBER 25, 2021

a 501(c)(3) organization created to solicit and manage resources on behalf of Louisiana Tech University ("LTF"), alleged that a Florida corporation, Bel-Mac Roofing ("Bel-Mac"), violated numerous federal and Louisiana state laws by infringing copyright and trademark rights LTF has in the logo for Louisiana Tech's Bulldog mascot.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Velocity of Content

MARCH 16, 2023

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). This article was originally published in The Scholarly Kitchen.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Plagiarism Today

SEPTEMBER 28, 2021

Famous for its expressionist renderings of various poker players, the site and its artist, Brett Butz, sold not only completed works but offered commissioned pieces that were popular among poker players. In particular photographers that specialized in shooting poker events. The final case is also by far the most recent.

Fair Use 242

Fair Use Non-Fungible Tokens Copyright Social Media 242

LexBlog IP

OCTOBER 25, 2023

” So, while writers have a compulsion to use what they know from life to create their works of imagined lives, they will draw not only on events central and personal to themselves but on many things intersecting or tangential to the writer’s own life. They have to look and see, that’s all. Then they have to write.”

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

43(B)log

FEBRUARY 3, 2023

They’re not doing step 2 in any event. Rosen, Fog and Fiction and Copyright Term Extension aka Who Framed Mickey Mouse? MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers. What works are most affected?

Copyright 59

Copyright Copying Music Fair Use 59

The IPKat

DECEMBER 20, 2023

In any event, it is worth noting that the decision to delete did not stem from the artificial origin of the music, but rather from the fact that the songs were being used to collect royalties on behalf of fraudulent accounts. Essentially, FlowGPT would have fed the copied songs into the system, and that could mean copyright infringement.

Music 70

Music Social Media Copying Derivative Work 70

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

The IPKat

OCTOBER 1, 2022

A focus on the past, and the success of heritage-focused events, collaborations and products , also raises the possibility that heritage can at times act as an extra-legal norm in negatives spaces of IP or even low-IP regimes. copyright law. copyright law. Copyright Office Review Board’s affirmation of the U.S.

Copying 97

Copying IP Copyright Law Designs 97

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

Traverse Legal Blog

JANUARY 29, 2022

The NFT identifies all the transfers and events that are related to the digital asset. In this example, I am showing you how to get this free copyright license to attach to the NFT. You will see on the website a link to access a free, open-source copyright license for use with your NFT listing. BlockChains and Digital Assets.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

IP Close Up

NOVEMBER 1, 2022

Goldsmith copyright case, which will have a dramatic impact on content providers and the definition Continue reading. The Supreme Court recently heard arguments for the Warhol v.

Fair Use 86

Fair Use Inventor Copyright Derivative Work 86

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

Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. We’re nearing the end of December, which means it’s time for Copyright Lately ’s annual worst-of list. When Netflix refused to pay up, Cramer sued for copyright infringement. Polychron v.

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? If you remember just a few concepts that I’ll discuss in this post, you’ll be way ahead of the game when it comes to buying, selling and exploiting creative works, whether it’s in the metaverse or here in the boring old regularverse. Buying Copyrights.

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

43(B)log

AUGUST 3, 2023

But using 100% of another’s work shouldn’t be allowed; transformative became the main event. Must add something new to the original work. Data mining legal documents, work product, court cases, and then create work based on previous work. The input was copyrightable; the output is not.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

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.

Copyright 64

Copyright Editing Settlement Music 64

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 ).

Copyright Infringement 144

Copyright Infringement Copyright Copying Music 144

Garrigues Blog

MAY 11, 2021

Architectural works are protected by copyright. The possibility of registering and granting additional protection to architectural works at Indecopi is not a new right or exclusive to Peruvian law. Copyright is a valuable asset for all industries and gives those who hold such rights a competitive edge.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

The IPKat

SEPTEMBER 14, 2023

While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might be interested in this short preview from the second edition of Copyright and the Court of Justice of the European Union (Oxford University Press), which is going to be released on 5 October. Any feedback is welcome!

Copyright 90

Copyright Derivative Work Copyright Law Law 90

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. That $3,750 works out to a measly $71 for each month the case has been pending. What Happened.

Fair Use 81

Fair Use Designs Design Licensing 81

JIPEL Copyright Blog

MARCH 21, 2022

scene in the past, things seemed to come to a head in November 2020 when Nintendo sent a cease-and-desist letter to the Tournament Organizers (TOs) of the Big House, an upcoming streamed Melee tournament, and subsequently forced them to cancel the event. It is an open legal question whether this would constitute an infringing derivative work.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Copyright Lately

MARCH 6, 2023

The copyright owner in Runt is seeking to enjoin director William Coakley from releasing a behind-the-scenes project about alleged on-set bullying and sexual harassment that it claims he fabricated. At the time of his death, the 20-year-old Boyce was working on what would prove to be his final film, the independent coming-of-age drama Runt.

Copyright 80

Copyright Derivative Work Fair Use Social Media 80

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

Copyright 121

Copyright Blogging Publishing Fair Use 121