Kluwer Copyright Blog

SEPTEMBER 1, 2021

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”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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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. Copyright law in the U.S.

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LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

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Plagiarism Today

SEPTEMBER 15, 2021

Yesterday, news broke that Pearson Education, the largest publisher of textbooks in the world, has filed a lawsuit against the website Chegg alleging widespread copyright infringement of its content on the site. Fair Use: Since the questions at issue only make up a small portion of the textbooks at issue, Chegg may argue fair use.

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SpicyIP

OCTOBER 9, 2024

Discussing the decision of the US Court of Appeals for the Second Circuit in Hachette Book Group v. Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law.

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TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

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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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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.

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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. The novel, however, was published before text of the play. Confused yet?

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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.

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TorrentFreak

JULY 14, 2024

Parrish used unauthorized means to obtain the password-protected LifeWise Curriculum only accessible by paid employees of LifeWise who have been issued login credentials,” the allegations begin. Mr. Parrish published internal LifeWise documents and the entire copyrighted LifeWise Curriculum on his website [Parents Against LifeWise].

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Kluwer Copyright Blog

AUGUST 13, 2023

The plaintiffs are authors of books, who, as per US copyright law, have registered copyrights in the books they published. Even if the plaintiffs did not consent to the use of their copyrighted books as training dataset, their copyrighted materials were ingested and used to train ChatGPT.

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Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. I speculated that this was an attempt to avoid a messy fair use dispute. One core concept in AI-relevant cases that both find for, and against, fair use ( Google Books and Fox v. is being used as code.

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BYU Copyright Blog

MAY 13, 2024

Commercial Educational Materials May 13, 09:24 AM May 13, 09:23 AM A while ago, in January 2022, we published a post with updates on Chegg Inc.s Chegg presented several defenses, including fair use, copyright misuse, express license, and equitable estoppel. Will the Court Find the Answers?

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JIPEL Copyright Blog

APRIL 28, 2021

Sites like AO3 provide fanfiction authors with a forum to publish their works, as well as huge audiences from around the world to consume them for free. The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. §

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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.

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Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. 3] Regardless of the creative level of a work, copyright comes with limitations.

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Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v.

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Velocity of Content

APRIL 11, 2024

“Despite efforts by LLM providers to avoid reproducing lengthy excerpts from single works, strings of words from ingested works persist in LLMs. Re-published with permission. law calls a “derivative work,” a way of transforming, recasting or adapting copyrighted material, for example, as with a movie based on a novel.

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IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

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Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. A Musical Parody ” and “ Friends!

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Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. The published article acknowledges Goldsmith. by Dennis Crouch.

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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. Would fair use apply? It’s clearly based on the original and clearly adds new expression. This post focuses on the case economics.

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Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use.

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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] Second, this blog will provide an explanation for why threats of litigation are damaging to mod communities as well as to the video game publishing companies that employ them.

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SpicyIP

JUNE 26, 2024

Data published by the World Blind Union in 2014 indicated that less than 10% of published material was available in accessible format for persons with visual impairment, and most such material was only available in English, thereby leading to a ‘book famine’.

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LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. ” (S.

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IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. emphasis original).

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Copyright Lately

DECEMBER 24, 2023

Netflix was decided after the Supreme Court managed to make fair use even more complicated in Andy Warhol Foundation v. Polychron, seen here in Transformers: Rise of the GoBots , self-published a book called The Fellowship of the King , which was the first of a planned seven-volume sequel to J.R.R. Even though Cramer v.

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SpicyIP

SEPTEMBER 4, 2023

A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules The Draft Patent (Amendment) Rules, 2023 were recently published in the Gazette of India, with public comments invited by September 22. Other Posts The Times They Are a-Changin’?

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The IP Law Blog

JUNE 15, 2023

In 2019, the Ninth Circuit agreed with the lower Court that Zillow was “not liable for direct, secondary, or contributory infringement;” however, it had concluded that “Zillow’s addition of searchable functionality on the Digs home design webpages was not fair use.” Likewise, Zillow used each photo independently to market home designs.

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43(B)log

SEPTEMBER 7, 2023

Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue. Gannett did not use the screenshot of the Sowers photo on Ad Meter, but instead on webpages promoting Ad Meter. When she became aware of the use, she promptly sent a C&D. (It

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43(B)log

FEBRUARY 4, 2023

Restrict derivative right to adaptations/forms of representations that change medium, not works in same primary market. Hughes: if publisher can’t get sequel rights, then it will insist on getting the film rights and impoverish authors. Is publicly cancelling a work abandonment? Would it allow fair use?

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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 ). To facilitate the process of TDM, data is the key.

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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. Even if the verbatim copying qualifies as putative infringement, many republications are likely to be covered by fair use. See, e.g., White v.

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43(B)log

FEBRUARY 3, 2023

MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers. Q: why not assume that Disney, like the music publishers, would send individual creators to front for them? Works almost like a fair use defense.

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LexBlog IP

JUNE 15, 2023

In 2019, the Ninth Circuit agreed with the lower Court that Zillow was “not liable for direct, secondary, or contributory infringement;” however, it had concluded that “Zillow’s addition of searchable functionality on the Digs home design webpages was not fair use.”

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