Kluwer Copyright Blog

APRIL 22, 2024

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

Velocity of Content

NOVEMBER 4, 2024

.” These include the unauthorized reproduction of copyrighted works during AI training, the use of copyright protected works in fine-tuning, prompting and RAG models, the creation of derivative works, and the removal of rights management information.

Licensing 52

Licensing Copyright Business Reporting 52

Copyright Lately

NOVEMBER 8, 2022

At the same time, those aspects of the character’s evolution that don’t appear until later works may still be eligible for copyright protection. While later iterations of a character may be protected, you can’t bootstrap the copyright in a derivative work to extend protection on the original work.

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

Kluwer Copyright Blog

MAY 9, 2022

Hence, the panel concluded that the Warhol works had made unfair use of Goldsmith’s photograph. The Goldsmith case raises the very tricky question about how to distinguish transformative fair uses from transformative adaptations that infringe the derivative work right. Intellectual Property Law in China, 2nd edition.

Fair Use 100

Fair Use Derivative Work Art Licensing 100

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

Traverse Legal Blog

JANUARY 26, 2022

This limited edition Dune book may be one of 10 copies of this hardback auctioned. The right to create derivative works. The essence of the news story is that TheSpiceDAO bought at auction a rare copy of “Dune” that was being auctioned off by Christie’s as just a book. The NFT bought the Dune book for 2.6

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Copying Ownership 97

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

The IP Law Blog

JUNE 15, 2023

Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. VHT “is the largest professional real estate photography studio” in the U.S.,

Copyright 98

Copyright Registration Licensing Derivative Work 98

IP Tech Blog

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. In particular, this case will determine whether the distribution and sale of NFTs violate copyright rules for derivative works, which must have the original copyright owner’s permission or else they constitute infringement. The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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

Kluwer Copyright Blog

DECEMBER 5, 2022

As to economic rights, copyright implies an authorization for activities of reproduction, communication to the public, distribution and creation of derivative works (adaptation). As a consequence, the main issue related to the exploitation of cultural goods embedding protected works of art is rights clearance.

Copyright 106

Copyright Public Domain Art Moral Rights 106

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. The court provides details about UIRC’s minor edits to the Idaho precedent: The only differences (besides formatting) between Section 5.01

Copyright 71

Copyright Copying Copyright Infringement Editing 71

SpicyIP

OCTOBER 9, 2024

The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law. The removed books included rare and older editions of certain books, which have not been similarly preserved by E-Book platforms. Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

43(B)log

FEBRUARY 4, 2023

Said: Framing it as “the woman question” is rhetorically tricky and still positions women as the problem—why not “the copyright question: woman edition”? Sometimes add content warnings instead of edits. In many cases, works edited rather than withdrawn. Can third parties edit for offensiveness? Derivative work?

Copyright 49

Copyright Editing Settlement Music 49

LexBlog IP

MAY 31, 2023

When Prince died in April 2016, Vanity Fair’s parent company, Condé Nast, licensed another image from the Prince Series (“Orange Prince”) from AWF, which it used as the cover of a Prince tribute edition magazine. Around this time, Goldsmith learned of the additional works comprising the Prince Series.

Fair Use 52

Fair Use Licensing Copyright Editing 52

Velocity of Content

APRIL 30, 2024

We explored the webinar topics in more depth, and the following is our edited and abridged conversation. In the case of AI, I think both NC (non-commercial) and ND (non-derivative works) provisions may be involved. You can read a detailed account of the webinar in the May 2024 issue of Information Today.

Licensing 52

Licensing Social Media Copyright Publishing 52

LexBlog IP

JUNE 15, 2023

Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. VHT “is the largest professional real estate photography studio” in the U.S.,

Copyright 52

Copyright Registration Licensing Design 52

43(B)log

SEPTEMBER 7, 2023

Gannett doesn’t get summary judgment on having a license even though the contract with Microsoft granted it “an unlimited (including all lifts, edits and versions) non-exclusive, worldwide, all channels, irrevocable, license to use, market, promote, distribute, copy, reproduce, display, record, re-record, electronically publish, publicly display, transmit, (..)

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

Kluwer Copyright Blog

JUNE 5, 2023

Many copyright professionals had hoped that the Court’s Goldsmith decision would articulate a workable standard for distinguishing transformative fair uses from infringing derivative works. After all, many derivative works (say, a movie made from a novel) will add something new and convey some new meanings or messages.

Derivative Work 94

Derivative Work Fair Use Licensing Art 94

Velocity of Content

DECEMBER 4, 2024

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

LexBlog IP

JANUARY 4, 2023

The exclusivity of exploitation is key to the success of a limited-edition collectible. In particular, this case will determine whether the distribution and sale of NFTs violate copyright rules for derivative works, which must have the original copyright owner’s permission or else they constitute infringement.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

The IPKat

JANUARY 17, 2024

Unlike the Swedish and German referrals, the Romanian one has not been made in the context of a dispute concerning works of applied art (which is refreshing), but rather in relation to the protectability of a critical edition of a work. Translated into copyright language: a critical edition is an example of derivative work.

Derivative Work 137

Derivative Work Editing Copyright Music 137

LexBlog IP

APRIL 13, 2022

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] [were] far too narrow for him to unilaterally produce, market, and sell the Pulp Fiction NFTs.” [22]. 53]. * * *.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Kluwer Copyright Blog

SEPTEMBER 18, 2024

Regarding the second criterion, it would essentially follow from the above that if the student has incorporated the AI-generated work, either verbatim or with minor variations, into their assignment, then this act has indeed been carried out in relation to a (substantial part) of another authorial work. the third criterion).

Copyright 130

Copyright Higher Education Copyright Infringement Ownership 130

Kluwer Copyright Blog

JULY 24, 2024

T2I model Lensa , e.g., granted the user ‘a perpetual, revocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, adapt, translate, create derivative works’. More from our authors: International Cybersecurity and Privacy Law in Practice, Second Edition by Charlotte A.

Copyright 135

Copyright Ownership Social Media Licensing 135

The IPKat

OCTOBER 1, 2022

Moreover, if the original design from the archive itself is an original work under copyright law, the archival editions of the “Ciao, Kim” Dolce & Gabbana Spring/Summer 23 collection might be thought of as derivative works, already within the scope of the designers’ rights. As in the U.S.,

Copying 97

Copying IP Copyright Law Designs 97

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series. It shows ‘the intent to sign’ and legally digitally captures the acceptance of a binding contract.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The definition of “ original ” as most people understand it refers to something that has never been done before by any person. It was written with a distinct style and message.

Copyright 98

Copyright Public Domain Copying Publishing 98

LexBlog IP

JULY 21, 2021

As that Compendium notes in its 2021 edition at Section 313.2 : The Office will not register works produced by nature, animals, or plants. prevent the other group from publishing edited or alternative version of their religious works by invoking copyright law[, and].prevent[ing] Compendium, at Section 313.2 ]. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Kluwer Copyright Blog

APRIL 22, 2022

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. 1] (On the topic of AI outputs and derivative works, see here.). Intellectual Property Law in China, 2nd edition.

Music 73

Music Copyright Derivative Work Ownership 73

Kluwer Copyright Blog

NOVEMBER 8, 2021

” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. “ Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). here and here). .”

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

The IPKat

JANUARY 27, 2024

Copyright Eleonora Rosati alerted readers to the latest referral on the meaning of originality in EU copyright law - this time, a referral from Romania regarding the protectability of a critical edition of a work (a type of derivative work).

Derivative Work 62

Derivative Work Intellectual Property Editing Copyright 62

Kluwer Copyright Blog

FEBRUARY 22, 2022

Drawing on a well-established body of quantitative studies, Heald concludes that extensions to copyright duration have largely negative impacts on the availability of works, development of derivative works, and prices. Intellectual Property Law in China, 2nd edition. More from our authors: Law of Raw Data.

Copyright 52

Copyright Public Domain Marketing Marketing 52

The IPKat

SEPTEMBER 14, 2023

While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might be interested in this short preview from the second edition of Copyright and the Court of Justice of the European Union (Oxford University Press), which is going to be released on 5 October. Any feedback is welcome!

Copyright 91

Copyright Derivative Work Copyright Law Law 91

Kluwer Copyright Blog

JUNE 7, 2023

is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). By contrast, the 35-year termination right in the U.S Cornish’s solutions.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

The IPKat

MARCH 22, 2024

Her publisher Universal Music released a compilation album including songs she did not approve, while she also objected to the way the songs were edited. The modifications would have distorted her work in a way that harmed her reputation and original intent in relation to the music.

Moral Rights 70

Moral Rights Copyright Music Art 70

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? 3] Credit for the prompt goes to Professor Thomas Margoni.

Copyright 138

Copyright Copyright Law Fair Use Law 138