43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). Codifying this definition is risky. What about Congress?

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Copyright Lately

JANUARY 23, 2023

Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. The Copyright Act Definition is Broad, But.

Derivative Work 113

Derivative Work Art Copying Fair Use 113

IPilogue

JULY 18, 2022

The focus of the conflict was the meaning of “transformative works” in the U.S. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art.

Copyright Law 111

Copyright Law Copyright Law Art 111

Velocity of Content

JUNE 8, 2022

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. All copyrights, except one, expire.*.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

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.

Derivative Work 72

Derivative Work Fair Use Art Copying 72

Velocity of Content

AUGUST 9, 2022

She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit. First, there are not that many Supreme Court cases that address fair use. Why would the Supreme Court take up another fair use case so quickly?

Fair Use 98

Fair Use Licensing Derivative Work Art 98

Velocity of Content

MARCH 16, 2023

I speculated that this was an attempt to avoid a messy fair use dispute. As I also mentioned, Microsoft’s lawyers seem to think that fair use excuses copying for AI purposes everywhere, so I would expect Microsoft to try that defense here, given its lack of other arguments. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

Fair Use 85

Fair Use Art Copyright Derivative Work 85

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 98

Personality Rights Fair Use Privacy Intellectual Property Law 98

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 138

Copyright Copyright Law Fair Use Law 138

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.

Copyright 52

Copyright Fair Use Derivative Work Intellectual Property 52

LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only.

Fair Use 52

Fair Use Derivative Work Art Licensing 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.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

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]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

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.

Copying 40

Copying Fair Use Copyright Marketing 40

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

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. various places where the disclosure must use magic words to be legally effective). (The See, e.g., White v. West Publishing (not cited by this court).

Copyright 71

Copyright Copying Copyright Infringement Editing 71

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

JIPL Online

APRIL 9, 2021

On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. Stearns, Todd J.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

IIPRD

APRIL 8, 2024

Accusations of copyright infringement have come up in recent times by creators, however the way generators like stable diffusion function, they transform these images to an extent where they appear to be a new creation, such nature and the application of the fair use doctrine appears to be an alternate legal argument for these apps.

Art 52

Art Artwork Intellectual Property Copyright Law 52

43(B)log

FEBRUARY 3, 2023

They definitely donated to many committee members but not unusually so. Part of larger pattern of “shotgun damages,” working definition: damages characterized by inflationary demands for multiplied awards; coercion; scattershot approach. Works almost like a fair use defense. Why are they being awarded?

Copyright 45

Copyright Copying Music Fair Use 45

Technology & Marketing Law Blog

OCTOBER 19, 2021

” No, that’s exactly what the derivative work right covers, and it’s the exact issue litigated in the old WhenU cases. By definition, those updates change the previous website renderings to a new website rendering. That can’t possibly be right. Implications. What about updates of browser software?

Licensing 105

Licensing Copyright Contracts Advertising 105

Technology & Marketing Law Blog

AUGUST 1, 2023

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. Supreme Court.

Blogging 98

Blogging Copying Social Media Copyright 98

LexBlog IP

OCTOBER 25, 2023

The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before. ” With a mixed bag present on the substantial similarity analysis, the District Court moved on to looking at fair use itself. .” Let’s see why. Inside the curious case of Dawn Dorland v.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

43(B)log

FEBRUARY 2, 2024

Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement. Glynn Lunney, Transforming Fair Use. Licensing is not found in 106.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

Copyright Lately

MARCH 6, 2023

The plaintiff is also asking the court to enjoin Coakley’s Director Statements and nascent “making of Runt ” film project, claiming that when Coakley sold Runt , he also sold the copyright to any of his future works related to Runt as well. Are Coakley’s Materials Infringing Derivative Works or Protected Fair Use?

Copyright 87

Copyright Derivative Work Fair Use Social Media 87

Kluwer Copyright Blog

MARCH 5, 2025

On the notion of licensing and Article 17, they argued that the Collective Management Organisations (or CMOs) and stakeholders they consulted only had a remote reference to the provision itself (on pastiche) but that there was a manifest interest in getting a fleshed out definition. This might not be the case in the EU.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

43(B)log

AUGUST 11, 2022

Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. In UK/Canada, joint ownership rules allow us to say “no derivative works without all of us agreeing.” Unjust enrichment? Feeling gross about it?

Music 56

Music Copyright Ownership Derivative Work 56

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? 101 ] The recorded interviews meet the definition: they are expressed in words, and they are embodied (and therefore “fixed”) in tapes or computer memory.

Copyright 131

Copyright Blogging Publishing Fair Use 131

LexBlog IP

JANUARY 10, 2024

Those snippets seem arguably suggestive of an intent to use the former President’s input generously, perhaps more generously than fair use might otherwise allow, and in a manner often unvarnished or unprocessed to the point of being an author’s, or an author-like, contribution.

Ownership 52

Ownership Copyright Government Intellectual Property 52