43(B)log

OCTOBER 20, 2022

Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum. pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used.

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Derivative Work Fair Use Art Copying 72

LexBlog IP

DECEMBER 21, 2023

The Copyright Office opined that the work was a classic example of a derivative work in that it was a digitalization of a photograph. Under this framework, the Office noted that derivative works are analyzed to determine whether the new authorship of the derivative work meets the statutory requirements for protection.

Artwork 52

Artwork Derivative Work Copyright Editing 52

BYU Copyright Blog

MAY 20, 2024

Post University claimed that Course Hero committed, among other things, multiple instances of copyright infringement, trademark infringement, violation of the DMCA, and unfair competition by posting and creating derivative works of educational materials owned by Post University without Post University's permission.

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Technology & Marketing Law Blog

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S.

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Fair Use Derivative Work Blogging Licensing 98

IP and Legal Filings

OCTOBER 8, 2023

Hence, as per this definition given under Section 2(c) of the Act, the plating of a dish may fall under the ambit of artistic craftsmanship. Originality Though the term or concept of ‘originality’ is not defined under the Act, Section 13(a) specifies that the work should be ‘original’. Code § 101 – Definitions | U.S.

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Copyright Artistic Work Copyright Law Art 105

Copyright Lately

MAY 6, 2022

Definitely. Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes. It would have taken a bit of due diligence, but not much.

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Derivative Work Licensing Artwork Contracts 88

Plagiarism Today

SEPTEMBER 14, 2022

Many artists have found their work in the libraries of different AI systems and have expressed anger over it. Though every AI is different in how it operates, some feel that AIs are not creating new works, but creating derivative works based on existing images. Whether that is true under the law has not been tested.

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Art Artwork Plagiarism Derivative Work 349

Intepat

JANUARY 8, 2024

Training AI models using these works could infringe on these rights, especially without authorisation. 1) Section 106 Exclusive Rights : Section 106 of the Copyright Act of 1976 grants copyright owners exclusive rights to reproduce, prepare derivative works, and distribute their copyrighted material.

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Copyright Fair Use Derivative Work Intellectual Property 52

Kluwer Copyright Blog

AUGUST 7, 2023

Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] 2] At one end of the spectrum, we find plagiarism: a completely derivative work that fails to contribute any creative elements to the original piece.

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Copyright Derivative Work Fair Use Copyright Law 52

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.

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Fair Use Inventor Copyright Derivative Work 83

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] Section 106 of the Copyright Act grants copyright holders an exclusive right to make or license derivative works based upon a previously copyrighted work. [11]

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Derivative Work Cease and Desist Blogging Litigation 59

LexBlog IP

JUNE 5, 2023

Such pro­tection includes the right to prepare derivative works that transform the original.” “[A]n overbroad concept of transformative use, one that includes any further purpose, or any different character, would narrow the copyright owner’s exclusive right to create derivative works. .” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Kluwer Copyright Blog

OCTOBER 4, 2023

Some critics argued that this decision failed to definitively establish whether there exists a singular parody exception encompassing related terms such as pastiche and caricature or if Article 5(3)(k) of the InfoSoc Directive prescribes three distinct exceptions. This perspective appears well-founded.

Copyright Law 83

Copyright Law Art Copyright Law 83

Technology & Marketing Law Blog

JANUARY 12, 2024

Once we qualify the copies as “electronic,” it becomes unmistakable that this case deals with intangible items, not traditional “chattel” that are, by definition, tangible items. ” The court says “there is no single way to display a website copy.” ” That’s true. mobile device screen.”

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Copying Ownership Derivative Work Contracts 83

Velocity of Content

SEPTEMBER 2, 2021

Two important points left out of that Wikipedia definition, however, are that CC licenses all convey rights from the author to the user without a fee, and each license, once applied to a work, is in effect irrevocable for the entire term of copyright.

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Copyright Licensing Derivative Work Social Media 116

LexBlog IP

OCTOBER 5, 2021

But with Facebook and Twitter and Instagram and TikTok as the most prominent means of communicating, people can say and post what they want about you (short of the legal definition of libel) and given that fame it’s likely to be tens or hundreds of thousands or even into the millions of mentions you’re getting every day.

Copyright Infringement 52

Copyright Infringement Copyright Derivative Work Social Media 52

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Figure 3 – Overview of permissible GenAI use cases according to UK HEIs One question in the FoI request focused specifically on whether the use of GenAI could fall under the HEI’s definition of academic misconduct. the third criterion).

Copyright 122

Copyright Higher Education Copyright Infringement Ownership 122

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. Indeed, Legislative Decree no.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

LexBlog IP

APRIL 23, 2023

Derivative Works and AI-Generated Material A. Permission from original copyright holders If a work incorporates AI-generated material based on pre-existing copyrighted content, the creator must obtain permission from the original copyright holder(s) to use the material. Joint Authorship A.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

Velocity of Content

AUGUST 9, 2022

Often, copyright owners and users have to analogize to works as diverse as music and books when assessing whether something is fair use, and a Supreme Court case regarding visual works could be helpful in developing law more specific to that oeuvre. . What is “transformative” has been a hotly debated topic for years.

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Fair Use Licensing Derivative Work Art 98

Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. That does not, however, diminish my excitement. While US law on training data and AI may be complex (e.g.,

Litigation 98

Litigation Fair Use Copying Derivative Work 98

43(B)log

AUGUST 9, 2024

seems like this is going to have trouble with derivative works] Amanda Levendowski, Fairer Public Benefit Bias and harms of works aren’t taken into account in fair use analysis: recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems. [Do This is wrong.

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Fair Use Marketing Marketing Licensing 59

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. The breathless media reports soon followed. Publication vs. Merchandise?

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Copying Non-Fungible Tokens Contracts Copyright 126

Plagiarism Today

SEPTEMBER 28, 2021

.” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Even then, each image could introduce new variables that could change the outcome.

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Fair Use Non-Fungible Tokens Copyright Derivative Work 250

Kluwer Copyright Blog

APRIL 22, 2022

This approach maps well to the basic definition of AI systems used in our analysis, particularly to machine learning systems. Our analysis of the concept of work also investigated the legal status of secondary (derivative) works in relation to the (primary) works used in the input in the context of AI music outputs.

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Music Copyright Derivative Work Ownership 63

The IPKat

JUNE 27, 2022

Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. Yuga Labs, therefore, still owns the copyright in each NFT.

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Non-Fungible Tokens Contracts Copying Art 135

IP and Legal Filings

JUNE 29, 2024

Certain sections like 2(qq) and 38, define a “performer” and specify whether a person’s personality falls under the definition of a performer, under which a performer’s right may be asserted, hence prohibiting the unapproved marketing of a performer’s work.

Personality Rights 92

Personality Rights Fair Use Privacy Intellectual Property Law 92

IIPRD

SEPTEMBER 29, 2022

Definition Of use In It Age, the authors hold exclusive rights in their works for a particular term subject to the right to use work for fair use. After the term of protection expires, the copyrighted work is out there in the public domain and the rights of the author terminate.

Copyright 52

Copyright Intellectual Property Copying Music 52

IIPRD

APRIL 8, 2024

Stability AI, three artists filed a claim on the basis that their work was used by the AI to train the algorithm and use them in a transformative manner to create new work. [5] Creator’s will need to keep an eye out to monitor such generators in case work derived from theirs appears.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Types of IPR for Software Protection in India Copyright – According to Copyrights Act, 1957; Copyright grants the exclusive rights, to perform certain actions regarding a work or its substantial part. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

Intellectual Property 75

Intellectual Property Invention Artistic Work Copyright 75

Trademark and Copyright Law Blog

APRIL 21, 2021

This dispute concerned Google’s use of Oracle’s “declaring code” – software that provides a list of functions and definitions that specify the parameters of application program interfaces (APIs) – in Google’s Android operating system. APIs allow different software programs to work together. Where Does this Leave the Software Industry?

Copying 40

Copying Fair Use Copyright Marketing 40

Kluwer Copyright Blog

DECEMBER 5, 2022

At the same time, AR may be a catalyst for boosting the ecosystem surrounding bodies managing cultural heritage, because an attractive cultural site with entertainment features can definitely have an impact on the local tourism-related industry. When copyright is involved, both economic and moral rights issues are at stake.

Copyright 101

Copyright Public Domain Art Moral Rights 101

Kashishipr

SEPTEMBER 15, 2021

What is a Choreographic Work? There is no universally accepted definition provided for the uniform application of the law on the said subject matter. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. Why Consider Registering a Copyright?

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Copyright Registration Music Copyright Law 105

Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. This case revisits the venerable topic of if, and when, cloning-and-revising a legal document can be copyright infringement.

Copyright 50

Copyright Copying Copyright Infringement Editing 50

Intepat

MAY 17, 2024

This is because the resulting work is a new creation that depends on various factors, including the system’s programming and the input prompt. The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used.

Ownership 52

Ownership Contracts Confidentiality Copyright 52

LexBlog IP

JULY 7, 2023

.” [20] That is, whether the purpose and character of a use weighs in favor of fair use requires an “objective inquiry” into how an original work is used by an alleged infringer. [21] Many derivative works. 22] The Court also clarified and arguably narrowed its decision in Campbell v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Technology & Marketing Law Blog

JUNE 17, 2023

documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As The court said that the plaintiffs failed to identify any instance of personal data that was shared in violation of the terms, and so dismissed the claims. Plaintiffs attach each of these licenses to the complaint.

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Blogging Licensing Privacy Copyright Notice 131