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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Copyright Infringement Copyright Public Domain Derivative Work 98

Kluwer Copyright Blog

AUGUST 13, 2023

Despite the various regulatory approaches, litigation is starting to emerge due to the inherent uncertainty of the topic. 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). and others v. Stability Al Ltd. and Awad M.

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Copyright Derivative Work Copying Copyright Infringement 98

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.

Copyright 139

Copyright Licensing Music Publishing 139

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. . Fanfiction and Fanart.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

Kluwer Copyright Blog

JULY 24, 2024

The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area. Study of ToS is crucial because in most cases, pending the resolution of litigation or novel legislation, they will effectively be what governs the rights of users and creators.

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Copyright Ownership Social Media Licensing 135

TorrentFreak

SEPTEMBER 28, 2023

The new technology also brings up novel copyright issues. For example, several rightsholders are worried that their work is being used to train and exploit AI without any form of compensation. The only claim that wasn’t contested by OpenAI is direct copyright infringement, which the company plans to address at a later stage.

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Fair Use Copyright Copyright Infringement Derivative Work 125

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Copyright Law Fair Use Law 138

Barry Sookman

FEBRUARY 25, 2024

In a prior post , I summarized four United States copyright decisions that examined copyright infringement liability for training and making available generative AI (GenAI) services. … The post Generative AI litigation: the Github and Tremblay decisions appeared first on Barry Sookman.

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Litigation Derivative Work Fair Use Copying 62

BYU Copyright Blog

JANUARY 27, 2025

Four years ago, we first published a post about an intriguing case involving two education consulting firms litigating over an online excerpt published on the website of Lehren Education (Defendant), which Ivy Coach (Plaintiff) alleged had been improperly copied, infringing on its copyrights.

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Settlement Contracts Derivative Work Litigation 52

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.

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Litigation Fair Use Copying Derivative Work 98

IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

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SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

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”).

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Fair Use Derivative Work Blogging Licensing 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

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

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

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.

Music 112

Music Derivative Work Fair Use Cease and Desist 112

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.

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Derivative Work Copyright Litigation Privacy 145

BYU Copyright Blog

MAY 24, 2022

Elliot McGucken ("McGucken") filed an Amended Complaint against Pepperdine University and associated parties ("Pepperdine"), asserting that Pepperdine infringed McGucken's copyright in a photograph (the "Photo") he had taken.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

LexBlog IP

MARCH 22, 2023

The US Copyright Office has released a policy statement clarifying its position on authorship and copyright protection for works generated by Artificial Intelligence (AI). Under copyright law, authorship is determined by examining who exercised creative control over a work.

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Derivative Work Copyright Copyright Law Technology 52

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

CoCal IP Law Institute

AUGUST 5, 2021

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment.

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Derivative Work Trademark Copyright Registration 40

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]

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Derivative Work Cease and Desist Blogging Litigation 59

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. Instead of asserting copyright and trademark claims, they tried trespass to chattels. ” Implied-in-Law Contract/Unjust Enrichment The court says that these state law claims are preempted by copyright law. .”

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Copying Ownership Derivative Work Contracts 98

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. Controversy” [8] : The Litigation. Goldsmith counterclaimed for copyright infringement.

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Fair Use Derivative Work Art Licensing 97

IP Tech Blog

JUNE 2, 2023

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act.

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Fair Use Derivative Work Copying Licensing 57

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Are you ready to unpack this legal saga and its implications for artists, copyright owners, and the commercial art industry? We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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Fair Use Art Licensing Derivative Work 40

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. A relatively new willingness to litigate, but lack of awareness/understanding of copyright law in Carribean is a barrier. Seems to benefit no one.

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

The IP Law Blog

DECEMBER 30, 2022

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Listen to this podcast episode here.

Blogging 52

Blogging Derivative Work IP Law 52

Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

JIPEL Copyright Blog

APRIL 28, 2021

While on their face, these fanfiction communities may seem like harmless outlets for fans, existing copyright doctrine actually renders much of these works as infringements of copyright. When evaluating the first factor for a fanfiction, courts would look to the extent to which the unlicensed work was transformative in nature.

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Derivative Work Fair Use Copyright Marketing 45

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance.

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Fair Use Copying Copyright Infringement Technology 116

LexBlog IP

MAY 18, 2023

When Goldsmith saw Orange Prince on the cover of Condé Nast’s magazine, she notified AWF that she considered it an infringement of her copyright in the original photograph. Litigation ensued, in which AWF advanced fair use as its defense. The District Court held in AWF’s favor.

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Fair Use Derivative Work Licensing Copyright 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.

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Copyright Editing Settlement Music 49

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.

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Derivative Work Advertising Advertising Intellectual Property 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

When we launched the Copyright Evidence Portal , our ambition was no less than to create a catalogue of all existing empirical studies about copyright. We invited experts to offer a synthesis of empirical evidence catalogued on the Evidence Portal in response to 21 topical copyright questions of importance for the 21 st century.

Copyright 52

Copyright Public Domain Marketing Marketing 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

WhenU concluded that copyright was a dead-end. As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? A website can own the copyrights to the HTML code and the files that users download.

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Licensing Copyright Contracts Advertising 105