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. Overall, the report is a bit of a mixed bag for the team. But questions still remain.

Derivative Work 98

Derivative Work Copyright Settlement Reporting 98

Plagiarism Today

NOVEMBER 9, 2022

1: Songwriters take the win with this Copyright Office ruling. First off today, Bobby Owsinski at Hypebot reports that the U.S. Copyright Office has handed down a ruling that may help songwriters that have reclaimed the rights to their songs receive their royalties directly. Let me know via Twitter @plagiarismtoday.

Derivative Work 171

Derivative Work Licensing Copyright Plagiarism 171

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. § 17 U.S.C. §

Copyright 91

Copyright Derivative Work Artwork Fair Use 91

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.

Copyright Infringement 98

Copyright Infringement Copyright Derivative Work Fair Use 98

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

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

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.

Copyright 138

Copyright Copyright Law Fair Use Law 138

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. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g. user, service)?

Copyright 133

Copyright Ownership Social Media Licensing 133

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.

Fair Use 101

Fair Use Copyright Privacy Copying 101

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. It has been reported that Prof. Berkovitz, an attorney, used a more creative approach by turning to copyright law.

Copyright Law 98

Copyright Law Copyright Law Copyright Infringement 98

TorrentFreak

OCTOBER 17, 2024

According to Sony, Datel’s software intervened in the ‘program flow’ of its games and, by changing the flow, Sony’s copyrighted game code was modified. Therefore, the software creating an unauthorized derivative work. In 2012, the Landgericht Hamburg (Regional Court) partially upheld Sony’s claims.

Copyright Infringement 112

Copyright Infringement Copyright Derivative Work Marketing 112

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. Later that same month, Triller filed its first amended complaint naming Ted Entertainment Inc. and 10 ‘Doe’ defendants.

Copyright 134

Copyright Fair Use Copyright Infringement Copying 134

Copyright Lately

OCTOBER 25, 2021

Here are some of the greatest copyright horror stories, featuring such classics as “Nightmare on Elm Street,” “Halloween,” “Dracula,” “Ghostbusters” and … a creepy McDonalds character? The studio settled quietly out of court, so there’s no reported decision in this one.

Copyright 143

Copyright Cinema Copying Copyright Infringement 143

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work?

Copyright 105

Copyright Registration Music Copyright Law 105

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 101

Copyright Copyright Infringement Music Fair Use 101

TorrentFreak

JUNE 22, 2022

Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. “Miramax’s copyright claim fails because it misapprehends fundamental principles of copyright law and ignores the clear language of the agreements and assignments,” Tarantino’s lawyers write.

Non-Fungible Tokens 137

Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 137

TorrentFreak

MAY 11, 2023

’s use of cheat software modified Destiny 2 and led to the creation of an unauthorized derivative work. With no license in place, Bungie said that every download and every play of Destiny 2 amounted to copyright infringement, potentially placing L.L. In common with other lawsuits against cheaters, Bungie says that L.L.’s

Derivative Work 139

Derivative Work Contracts Copyright Infringement Licensing 139

BYU Copyright Blog

JULY 29, 2024

Copyright Catfight? University,Pictorial Works,Logo,Work for Hire July 29, 09:43 AM July 29, 09:44 AM On June 2nd, we reported on a case filed by Sophia Boyages (Boyages) against the University of Vermont and State Agricultural College (Defendants or the "University) concerning the creation and use of a logo which Boyages claims as hers.

Copyright 52

Copyright Derivative Work Intellectual Property Law Intellectual Property 52

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 98

Fair Use Derivative Work Blogging Licensing 98

Plagiarism Today

DECEMBER 1, 2021

Beast’s video was fully licensed, thus eliminating any copyright issues, it still has to raise mixed emotions. He is briefly dubbed a copycat for simply having some similar ideas to an earlier work, but yet a new derivative work can come along and find even greater success. Why Bother?

Plagiarism 252

Plagiarism Derivative Work Copying Licensing 252

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

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. The Supreme Court granted certiorari in March 28, 2022, presenting the question of whether a work of art is “transformative” for purposes of a fair use defense under the Copyright Act (17 U.S.C. §

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

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.

Music 67

Music Copyright Derivative Work Ownership 67

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. And there’s more.

Derivative Work 142

Derivative Work Social Media Contracts Licensing 142

The IPKat

NOVEMBER 15, 2023

The event was Organised by AI Fringe (AI for everyone) and co-convened by DACS (The Design and Artists Copyright Society). Thousands of copyright works have been used to train machine learning software which has – according to Elon Musk - the potential to make humans (including creatives) obsolete in the future.

Reporting 71

Reporting Derivative Work Intellectual Property Copyright 71

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

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.

Fair Use 116

Fair Use Copying Copyright Infringement Technology 116

LexBlog IP

FEBRUARY 14, 2024

The class of plaintiff authors seeking to hold OpenAI liable for copyright infringement has faced yet another setback. The lawsuits claim that because the defendants copied their original works of authorship to use as training material for the LLMs, the AI companies are liable under the federal Copyright Act and various state tort laws.

Copyright 52

Copyright Derivative Work Copyright Infringement Copying 52

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. The breathless media reports soon followed. Tarantino is being billed as the first major legal dispute involving copyrights and NFTs, it really isn’t a dispute about NFTs.

Copying 123

Copying Non-Fungible Tokens Contracts Copyright 123

Velocity of Content

NOVEMBER 4, 2024

According to McKinsey’s latest Global Survey on AI , adoption of generative AI has nearly doubled in just ten months, with 65% of respondents reporting that their organizations are now regularly using the technology. However, despite its high ranking, only 25% of organizations report actively working to mitigate IP infringement risks.

Licensing 52

Licensing Copyright Business Reporting 52

LexBlog IP

DECEMBER 21, 2023

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. Shira Perlmutter, et al.:

Artwork 52

Artwork Derivative Work Copyright Editing 52

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 82

Derivative Work Licensing Artwork Contracts 82

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.

Registration 98

Registration Blogging Copyright Design 98

43(B)log

DECEMBER 12, 2022

Prompted by recent reporting and inspired in particular by Ian Bogost's piece , I fed ChatGPT some of the questions I ask my students, and I am not worried about it helping anyone pass a law school class at this point, though perhaps that will change. Q: If the derivative works right were abolished, would anything important be lost?

Derivative Work 49

Derivative Work Copyright Infringement Copyright Reporting 49

Intepat

JANUARY 8, 2024

New York Times alleges that this unauthorised use of articles infringes on their copyright and threatens its business model by diverting web traffic from its site. In light of the Copyright Act of 1976 (United States), like The New York Times, creators have the exclusive right to reproduce, distribute, and display their works.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

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

BYU Copyright Blog

AUGUST 11, 2022

Hudson-McKinney case (initial report here, subsequent update here), Defendant Hudson-McKinney filed a Motion to Dismiss on the grounds that the Complaint failed to state a claim for relief. Copyright Office. The case will move forward on the merits of the copyright issues. In recent developments in the Eichelberger v.

Derivative Work 52

Derivative Work Copyright Copying Reporting 52