Kluwer Copyright Blog

JANUARY 16, 2024

LLaMA is a large language model in the form of an AI software program designed to emit convincingly naturalistic text outputs in response to user prompts. LLaMA language models cannot function without the expressive information extracted from the alleged infringed works and the LLaMA language models are themselves infringing derivative works.

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Derivative Work Copyright Infringement Copying Copyright 135

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights. Design Rights.

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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. Instead, paragraph 32 states that Carey’s work “was designed to exploit [Vance’s] popularity and unique style, causing confusion as to the association” between the two artists.

Derivative Work 105

Derivative Work Copyright Infringement Music Copyright 105

TorrentFreak

JULY 28, 2021

The plaintiffs believe that Ring-1 or those acting in concert with them fraudulently obtained access to the games’ software clients before disassembling, decompiling and/or creating derivative works from them. Copyright Infringement Offenses. 1201(a)(2)).

Copyright Infringement 141

Copyright Infringement Copyright Derivative Work Social Media 141

Technology & Marketing Law Blog

MARCH 30, 2025

March 25, 2025) Anthropic previously agreed to maintain its guardrails designed to prevent “output that reproduces, distributes, or displays, in whole or in part, the lyrics to compositions owned or controlled by Publishers, or creates derivative works based on those compositions.”

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Copyright Publishing Copyright Infringement Licensing 59

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. In 2009, the Associated Press filed a lawsuit against artist Shepherd Fairey over the famous Obama “Hope” poster that he designed.

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Fair Use Non-Fungible Tokens Copyright Derivative Work 279

TorrentFreak

MAY 10, 2023

The defendants admitted that Wallhax injected new code into Bungie’s code, thereby creating an unlicensed derivative work. Additionally, Bungie has shown that Larsen violated § 1201(b)(1) by creating an infringing derivative work. In June 2022, Bungie was awarded $13.5m 11020781 Canada Inc.,

Derivative Work 140

Derivative Work Copyright Infringement Copyright Contracts 140

The IPKat

OCTOBER 1, 2022

According to The Business of Fashion , Kardashian “tweaked Dolce & Gabbana styles from the 1990s and early 2000s” creating “finished looks” with Domenico Dolce and Stefano Gabbana “that were, the designers said, about 20 percent different from the originals.” Consider the corset teddy dress inspired by a Spring 1992 original.

Copying 97

Copying IP Copyright Law Designs 97

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.*.

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Derivative Work Public Domain Copyright Fair Use 105

Kluwer Copyright Blog

AUGUST 13, 2023

Copyright infringements and other legal allegations With regards to their claims for copyright infringement, the plaintiffs are alleging that they never authorized OpenAI to make copies of their books, make derivative works, publicly display copies (or derivative works), or distribute copies (or derivative works).

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Copyright Derivative Work Copying Copyright Infringement 98

IP Tech Blog

JANUARY 4, 2023

In turn, this attracts interest from businesses ranging from fashion and sports brands, sport teams, designers, game developers, and other content owners. The purpose of copyrights is to protect creative works, including writings, from infringement. It has been debated whether NFTs/DC could be protected in China by design patents.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Velocity of Content

NOVEMBER 4, 2024

Externally, businesses are deploying AI-powered chatbots for customer service, using AI to personalize marketing campaigns, and even developing AI-assisted product design. Internally, companies are leveraging AI for tasks such as automated report generation, data analysis, and employee training programs.

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Licensing Copyright Business Reporting 52

TorrentFreak

DECEMBER 1, 2022

In June 200, Robert Nelson and two companies under his control admitted copyright infringement after violating Bungie’s copyrights and injecting code into Destiny 2, thereby creating unlicensed derivative works. Bungie’s damages award was $13.5m.

Derivative Work 141

Derivative Work Copyright Infringement Business Copyright 141

TorrentFreak

MAY 17, 2022

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service.

Copying 145

Copying Social Media Licensing Technology 145

Technology & Marketing Law Blog

OCTOBER 6, 2022

Alexander claimed that Take-Two Interactive infringed the tattoo designs she inked on her client, professional wrestler Randy Orton, when the company produced and distributed a video game featuring a realistic in-game depiction of Orton. The tattoo industry has largely avoided copyright scrutiny.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Olartemoure Blog

APRIL 14, 2023

The photograph in question features Shayk wearing sweatpants designed by the brand Deadly Doll, which is protected by copyright. However, the court disagreed with Deadly Doll’s claim, and analyzed whether the photograph could be considered a derivative work.

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Brands Branding Branding Derivative Work 52

The IP Law Blog

SEPTEMBER 28, 2023

The plaintiff also consulted with various rabbis as part of the design process for the Second Holy Temple Product. Defendants argued that because information concerning the Second Holy Temple is in the public domain, Plaintiff’s copyrighted works are not original.

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Public Domain Copyright Copying Registration 113

The IP Law Blog

JUNE 15, 2023

Second, Zillow selected certain photographs “of artfully-designed rooms in some of those properties” to post to its “Digs” website, which is directed toward home improvement. The Copyright Act contains a provision that “all the parts of a compilation or derivative work constitutes one work” for purposes of statutory damages.

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Copyright Registration Licensing Derivative Work 98

Technology & Marketing Law Blog

JULY 19, 2024

As part of a SAD Scheme case, she claims an Amazon seller infringed on her work. Here is the comparison: This looks like a derivative work to me. I saw 10 different SAD Scheme cases in her name). It’s clearly based on the original and clearly adds new expression. Would fair use apply?

Derivative Work 96

Derivative Work Blogging Fair Use Licensing 96

Copyright Lately

OCTOBER 3, 2022

That $3,750 works out to a measly $71 for each month the case has been pending. In addition, in granting Alexander’s motion for partial summary judgment, the court found that Alexander held valid copyrights in the tattoo designs at issue and that defendants copied those works. Skull arm design. Bible verse design.

Fair Use 88

Fair Use Design Designs Licensing 88

The IP Law Blog

MARCH 14, 2024

The Court noted that the Copyright Act “grants the copyright holder exclusive rights to (1) `reproduce the copyrighted work and copies;’ (2) `prepare derivative works;’ and (3) `distribute copies of the copyrighted work to the public’.”

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Derivative Work Copying Copyright Infringement Copyright 112

BYU Copyright Blog

JULY 29, 2024

It is important to note that Boyages claimed that her logo was original and not a derivative work. However, the Defendants disagreed with this allegation, denying that the work is original and asserting it is a derivative. In addition to the Universitys Answer, there have been a few new developments in the case.

Copyright 52

Copyright Derivative Work Intellectual Property Law Intellectual Property 52

TorrentFreak

JANUARY 25, 2023

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. Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc., million damages award in Bungie’s favor didn’t mark the end of the lawsuit. .”

Derivative Work 145

Derivative Work Copyright Litigation Privacy 145

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. A jury agreed, finding that H&M had willfully infringed Unicolors’s fabric design.

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Registration Blogging Copyright Design 98

BYU Copyright Blog

SEPTEMBER 20, 2021

The Professors allege that following this termination, the College has continued to use materials from the Work in its course offerings without the permission of the Professors. These uses have purportedly included violations of rights of reproduction, distribution, display, and preparation of derivative works.

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Derivative Work Privacy Copyright Infringement Registration 72

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.

Derivative Work 40

Derivative Work Trademark Copyright Registration 40

IP Law 360

AUGUST 31, 2023

The Fifth Circuit has found that a realty firm did not infringe an architectural company's copyright of schematics to develop a senior living facility in Texas, concluding that an agreement between the parties allowed for derivative works from the initial design to finish the project.

Derivative Work 40

Derivative Work Designs Design IP 40

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

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Cease and Desist Patent Prosecution Trademark Derivative Work 105

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI?

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

Copyright Lately

AUGUST 25, 2023

Think of human modifications to AI as a quasi-derivative work—the copyright in a derivative work only extends to the material contributed by the author of that work , as opposed to the underlying material. Importantly, however, there will still be no copyright protection in the AI-generated material itself.

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Derivative Work Registration Copyright Public Domain 87

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

More Than Your Mark

AUGUST 27, 2021

Copyrights protect creative works. Whether it’s a book, a piece of music, a sculpture, an architectural drawing, a movie, a fashion design, or even this very article, the intellectual property right in the work itself is a copyright. Here’s an easy guide to understanding the differences between copyright, patent, and trademark.

Intellectual Property 52

Intellectual Property Trademark Copyright Patent 52

Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). If there were to be a broader E&L, then what should be the design of such a framework?

Copyright 81

Copyright Derivative Work Music Design 81

Kashishipr

JUNE 16, 2021

Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., With the advancement of technology and the overreaching effect of cyberspace, cyber crimes have also witnessed a surge. by using the internet and computers as a medium.

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Intellectual Property IP Confidentiality Registering Trademarks 98

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

Kluwer Copyright Blog

MAY 9, 2023

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

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Copyright Copyright Law Fair Use Law 138

LexBlog IP

APRIL 15, 2022

Disney should also be strategically liberal in its lawsuits—both under trademark law and under derivative works. A trademark can include designs, phrases, and symbols, and it is “how customers recognize you in the marketplace and distinguish you from your competitors.”

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Derivative Work Trademark Law Brands Branding 52