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

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

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 126

Derivative Work Copyright Infringement Copyright Fair Use 126

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. They argued that their use of Pearsons textbook questions constituted fair use under 17 U.S.C.

Fair Use 52

Fair Use Derivative Work Settlement Copyright 52

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. 3: The Andy Warhol Ruling. One Additional Issue: The DMCA.

Fair Use 242

Fair Use Non-Fungible Tokens Copyright Social Media 242

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

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

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

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

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

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.

Copyright 52

Copyright Social Media Plagiarism Fair Use 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.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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. Will our copyright laws be ready to keep up and protect the humans that made music in the first place?

Music 72

Music Social Media Copying Derivative Work 72

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.

Copyright 104

Copyright Copyright Infringement Music Fair Use 104

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. Must add something new to the original work.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

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.

Fair Use 81

Fair Use Designs Design Licensing 81

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

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 91

Copyright Derivative Work Copyright Law Law 91

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