43(B)log

JANUARY 27, 2023

Copyright infringement: Rebinding doesn’t create a derivative work. A derivative work must involve an original work being “recast,” “transformed,” or “adapted,” and nothing like that took place here. Wisdom Paths, Inc., 2023 WL 416080, No. 22-02031 (KM)(MAH) (D.N.J.

Derivative Work 75

Derivative Work False Advertising Advertising Advertising 75

Intellectual Property Law Blog

APRIL 12, 2023

It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

Fair Use 244

Fair Use Derivative Work Copying Marketing 244

Plagiarism Today

AUGUST 29, 2022

SA: This means “share alike” and allows others to create derivative works based on the original, but any derivative must be licensed under the same terms. ND: This means “no derivatives” which bars the creation of derivative works. These four variables can be strung together to create a license.

Journalism 264

Journalism Derivative Work Publishing Licensing 264

The IPKat

JANUARY 4, 2022

The judge ruled that the music producer created only a derivative work because lyrics and vocal melody could constitute a separate work. In this author's view, if the music producer participates in the composing process, even if the work has several versions in the meantime, he should be considered as a co-author.

Music 145

Music Derivative Work Copyright Public Domain 145

JD Supra Law

FEBRUARY 9, 2024

Happy Oscar season! As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners. Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in fact, adaptations of existing art.

Derivative Work 70

Derivative Work Art Trademark Copyright 70

Plagiarism Today

SEPTEMBER 20, 2021

First off today, Kevin Shalvey at Business Insider reports that “Sports Illustrated” swimsuit model Genevieve Morton has filed a lawsuit against Twitter alleging that the site was slow to remove infringing material and that an AI photo editing tool created unlawful derivative works.

Editing 245

Editing Derivative Work Copyright Infringement Licensing 245

The IPKat

JULY 27, 2021

The US Copyright Office concluded that the logo was a derivative work of the Oscar statuette and did not possess the requisite authorship to sustain a (self-standing) claim to copyright. It was also found that that as a whole, the elements making up the work were “more mechanical and inevitable than creative and original”.

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Derivative Work Copyright Registration Design 123

Technology & Marketing Law Blog

NOVEMBER 21, 2023

This short opinion squarely addresses when AI training models constitute derivative works. Simply indexing copyrighted books into the model doesn’t create derivative works (the judge calls the argument “nonsensical”) because the training model doesn’t recast or adapt the books. .”

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Derivative Work Copyright Copyright Law Copying 116

Plagiarism Today

JANUARY 3, 2022

For works published before 1978, that is 95 years after publication meaning that works from 1926 expired into the public domain at the start of the year. Works that enter the public domain are free to be copied, used, distributed and have derivative works created of them without a license.

Public Domain 246

Public Domain Music Derivative Work Licensing 246

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. The law permits the owner of a derivative work prepared before termination to continue using that new work even after termination.

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Derivative Work Copyright Reporting Settlement 104

The Illusion of More

JANUARY 19, 2022

million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works. By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66

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Derivative Work Copying Copyright Art 134

Traverse Legal Blog

NOVEMBER 25, 2024

Infringement can be willful or accidental.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

JD Supra Law

DECEMBER 23, 2024

In a closely watched appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit recently vacated a permanent injunction from the District of Nevada against software provider Rimini. Oracle Intl Corp. By: Fenwick & West LLP

Derivative Work 62

Derivative Work 62

IIPRD

JANUARY 22, 2025

Limiting the use of copyrighted works for AI training may too heavily constrain development, and free use threatens to drain the economic rewards that reward the creators. One of the biggest problems is the vagueness around AI-generated outputs and whether these are derivative works.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

Plagiarism Today

NOVEMBER 9, 2022

However, publishing companies had been continuing to collect royalties on behalf of songwriters even after the rights were reclaimed due to the law saying that publishers can continue licensing any existing derivative works.

Derivative Work 242

Derivative Work Licensing Copyright Plagiarism 242

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. You’d be wrong. 17 U.S.C. §

Derivative Work 111

Derivative Work Art Copying Fair Use 111

IP Watchdog

FEBRUARY 27, 2023

The question before the Court is where does a copyright holder’s right to create derivative works stop and “fair use” of the work begin? On October 22, 2022, the Supreme Court of the United States heard arguments for Andy Warhol Foundation v.

Copyright 128

Copyright Fair Use Derivative Work Licensing 128

TorrentFreak

OCTOBER 17, 2022

The RIAA logically doesn’t want third parties to strip music or vocals from copyrighted tracks, particularly when these derivative works are further shared with others. Unauthorized Copies and Derivatives. While Songmastr’s service is a bit more advanced, the RIAA sees it as clearly infringing.

Music 145

Music Copyright Derivative Work Copying 145

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.

Art 363

Art Artwork Plagiarism Derivative Work 363

JD Supra Law

JULY 27, 2023

In a matter of first impression, the US Court of Appeals for the Ninth Circuit reversed the district court’s partial grant of summary judgment in favor of the defendants, vacated a jury verdict and an award of attorneys’ fees, and remanded an action alleging infringement of copyright in two charts depicting organizational change.

Derivative Work 40

Derivative Work Copyright 40

IP Watchdog

OCTOBER 12, 2022

Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered transformative under factor one of the four-factor fair use test.

Fair Use 116

Fair Use Derivative Work Copyright Art 116

TorrentFreak

FEBRUARY 13, 2024

The vicarious copyright infringement claim fails because the court doesn’t agree that all output produced by OpenAI’s models can be seen as a derivative work. “Plaintiffs’ allegation that ‘every output of the OpenAI Language Models is an infringing derivative work’ is insufficient.

Copyright Infringement 135

Copyright Infringement Copyright Derivative Work Copying 135

IPilogue

NOVEMBER 8, 2021

By using and copying Pearson’s original creative content to make answer sets based on that content, Chegg infringes Pearson’s exclusive rights as a copyholder, including the rights of reproduction, preparation of derivative works, and distribution.” . Code, subsection 101 , states: . “ Under the U.S. When the current U.S.

Copyright Infringement 105

Copyright Infringement Derivative Work Copyright Copying 105

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

IPilogue

AUGUST 29, 2022

Vance seeks $20 million dollars in damages for Carey’s failure to obtain permission to use Vance’s song to create a derivative work. In order to prove that Carey’s song is an unlicensed derivative work, Vance will need to show that Carey’s work is a derivative work in the first place.

Derivative Work 105

Derivative Work Copyright Infringement Music Copyright 105

Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

Copyright 102

Copyright Derivative Work Artwork Fair Use 102

TorrentFreak

SEPTEMBER 29, 2022

is further accused of selling Bungie emblems on third-party platforms and using cheating software that modifies the Destiny 2 game, violates the DMCA’s anti-circumvention provisions, and creates infringing derivative works. Cheat Software and Derivative Works. In a recent and spirited motion to dismiss, L.L.

Derivative Work 136

Derivative Work Licensing Copyright Infringement Contracts 136

43(B)log

FEBRUARY 16, 2022

For example, Apple did not attempt to explain how slowing down the execution of its code using CORSEC created an infringing derivative work or unauthorized copy, any more than slowing down video playback would. 101 (derivative works “represent an original work of authorship”); L. Lewis Galoob Toys, Inc.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

TorrentFreak

JANUARY 17, 2024

Prohibiting Discrimination Those guidelines reference a legal opinion in C-201/13 – Deckmyn and Vrijheidsfonds VZW v Vandersteen and Others which found that in order for a derivative work to be considered a parody, certain conditions must be met ( pdf ).

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

IP and Legal Filings

DECEMBER 23, 2024

As long as OpenAI can prove that its responses or the derivative work produced are not substantially similar to the original copyrighted content used in training programs, the copyright infringement claim through derivative work would not hold water.

Fair Use 52

Fair Use Derivative Work Journalism Copyright Infringement 52

TorrentFreak

SEPTEMBER 5, 2023

It targeted an individual who had deployed cheats in Destiny 2 and as a result, now faced claims of breaching security mechanisms controlling access to a copyrighted work. For modifying the Destiny 2 game, thereby creating an unauthorized derivative work, Bungie was able to demand another $150,000.

Cease and Desist 122

Cease and Desist Derivative Work Copyright Infringement Copyright 122

Plagiarism Today

SEPTEMBER 28, 2022

Though the Copyright Act of 1909 did protect derivative works, the doctrine of invisibility made it so that you needed the “copyright proprietor”, or the owner of the entire copyright, to file the lawsuit. That, in turn, brings us to the legal issues, which are also more complex. A licensee alone couldn’t file a case.

Plagiarism 275

Plagiarism Copying Publishing Derivative Work 275

Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

JIPL Online

MARCH 15, 2021

7] Before the court could decide if the subtitled version, a type of derivative work, could still be protected even if the underlying film on its own was available to be used by all, both parties settled. [8]. 9] Both parties reached an amicable settlement. [10] 11] The case has also been settled. [12] 21, 2020), [link]. [3]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

TorrentFreak

AUGUST 29, 2023

Derivative? They argued that every output of OpenAI’s language models is a copyright infringing derivative work. These derivatives are generated without obtaining permission from rightsholders. The authors clearly have a different take. OpenAI argues that this conclusion goes too far.

Copyright Infringement 126

Copyright Infringement Copyright Fair Use Derivative Work 126

IP Law 360

AUGUST 30, 2022

Entertainment giant Paramount has urged a California federal judge to toss a copyright suit brought by the family of a writer for source material of the film "Top Gun," arguing that the movie's sequel is "vastly different" from the derivative work.

Derivative Work 75

Derivative Work IP Copyright 75

BYU Copyright Blog

JANUARY 10, 2022

Course Hero further denies that the previews it provides customers of documents are derivative works. Although Course Hero does not dispute much of the factual background Post University asserted in its complaint, Course Hero claims that it is not aware of any continuing instances of infringement.

Copyright Infringement 98

Copyright Infringement Copyright Derivative Work Fair Use 98