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.

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Fair Use Derivative Work Blogging Licensing 98

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. The amended complaint can be found here (pdf).

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Derivative Work Copyright Infringement Business Copyright 141

TorrentFreak

JULY 17, 2022

The company’s lawsuits variously claim copyright infringement (when cheat makers use pieces of original code or creative derivative works ), circumvention of technical measures (under the DMCA), breach of contract, and/or violation of consumer protection laws. DYLAN GAFNER LMDOAOAOAOAO.”.

Derivative Work 144

Derivative Work Social Media Contracts Licensing 144

The IPKat

JANUARY 26, 2023

This phenomenon illustrates the commercial potential of derivative works within the copyright system. Other Chijioke Okorie focused on identifying the principles that should guide African governments in realising the right to research in Africa. Neil Wilkof focused on the phenomenon of the cross-media franchise.

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Derivative Work Invention Registration Related Rights 78

The IP Law Blog

MARCH 14, 2024

The Court began by recognizing the general rules that govern motions to dismiss in federal court actions. 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

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.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

JULY 24, 2024

Study of ToS is crucial because in most cases, pending the resolution of litigation or novel legislation, they will effectively be what governs the rights of users and creators. By contrast, T2I Nightcafe simply prescribed that once the content was created and delivered to the user, the latter owned all the IP Rights.

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Copyright Ownership Social Media Licensing 135

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.

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TorrentFreak

JULY 14, 2024

According to the complaint, the LifeWise Curriculum is actually a derivative work, i.e A white label agreement is commonly used to govern the supply of goods or services by one party, for use by another party in their course of their own business, oftentimes under their own branding. If we are to assume that LifeWise Inc.

Copyright 127

Copyright Licensing Fair Use Derivative Work 127

IP Watchdog

OCTOBER 26, 2022

Copyright Office issued a notice of proposed rulemaking (NPRM) in the Federal Register to clarify the application of the derivative works exception to copyright termination rights within the context of blanket licenses administered under the Music Modernization Act (MMA). On October 25, the U.S.

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Licensing Derivative Work Copyright Music 59

Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. This proposed expansion of the exception was recently rejected by the UK government.

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Litigation Fair Use Copying Derivative Work 98

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]

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Derivative Work Cease and Desist Blogging Litigation 59

Kluwer Copyright Blog

APRIL 22, 2022

The result is that questions of originality – as well as authorship and ownership – in these cases will prima facie be governed by the operation of legal presumptions. 1] (On the topic of AI outputs and derivative works, see here.). Example workflow diagram by artist duo Hyper Music.

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Music Copyright Derivative Work Ownership 72

Kashishipr

JUNE 16, 2021

Theft of Copyright: Generally, Copyright Infringement happens when an original film or artwork or musical work, or software code is reproduced (in whole or part) bearing similarity to the original work or has multiple and identifiable elements copied in a derivative work. Reasons of Theft of Intellectual Property.

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Intellectual Property IP Confidentiality Registering Trademarks 98

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? The United States.

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IP Ownership Non-Fungible Tokens Copyright Law 109

IP and Legal Filings

JANUARY 23, 2023

NFTs are governed by smart contracts, which divide ownership and limit transferability. An illustration of this idea is that, unless the owner of the copyright expressly grants such a right in writing, a buyer of a sculpture only receives the right to exhibit it, not to make copies of it or derivative works.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Kashishipr

SEPTEMBER 15, 2021

Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work? The same stands true for the ‘walking against the wind’ dance, popularized by Bill Bailey yet not registered and claimed. Why Consider Registering a Copyright?

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Copyright Registration Music Copyright Law 105

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). .

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Blogging Non-Fungible Tokens Law IP 52

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.

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Copyright Fair Use Derivative Work Intellectual Property 52

Kluwer Copyright Blog

DECEMBER 5, 2022

Thus, AR can be considered as a tool for boosting cultural heritage exploitation, helping achieve the educational mission of bodies governing cultural heritage, as well as enabling better participation in cultural life. When copyright is involved, both economic and moral rights issues are at stake.

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Copyright Public Domain Art Moral Rights 105

Patently-O

DECEMBER 11, 2023

Under governing law, that is a judicial function. granted defendants’ motion to dismiss in relation to the plaintiffs’ theory that the output of generative AI models were necessarily “all infringing derivative works” regardless of their substantial similarity to the plaintiffs’ original expression.

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Copyright Fair Use Copyright Law Copyright Infringement 96

SpicyIP

JUNE 26, 2024

Section 42 of the Act places an obligation on the appropriate government to ensure that all contents available in audio, print and electronic media are in accessible format. This created a ‘third-party accessibility model’ where if these parties received federal funding, they were mandated by law to create accessible copies of existing works.

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Copyright Copying Publishing Cinema 81

IP Watchdog

DECEMBER 12, 2023

Copyright Office (USCO) released a letter affirming the USCO’s refusal to register a work created with the use of artificial intelligence (AI) software. On December 11, the Review Board of the U.S.

Copyright 141

Copyright Registration Derivative Work Technology 141

The IP Law Blog

JULY 6, 2023

Section 107 of the Copyright Act provides that “the fair use of a copyrighted work, including such use… for purposes such as criticism [and] comment…. The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

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Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MARCH 14, 2024

” The Court began by recognizing the general rules that govern motions to dismiss in federal court actions. ” To allege a valid copyright infringement claim, a plaintiff must show that: (1) that he or she owns a valid copyright; and (2) that the defendant “copied aspects of his [or her] work.”

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Derivative Work Copying Copyright Infringement Copyright 52

Intepat

MAY 24, 2023

A music license agreement outlines the rights that will be granted , such as the number of copies of the work that can be reproduced, the applicable territory or countries, whether it is exclusive or non exclusive etc. This includes specifying which state or location’s laws will govern the resolution of any potential conflicts.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

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 government routinely makes legal filings available in electronic form, e.g., PACER and EDGAR).

Copyright 71

Copyright Copying Copyright Infringement Editing 71

LexBlog IP

JULY 6, 2023

Section 107 of the Copyright Act provides that “the fair use of a copyrighted work, including such use. ” In its opinion, the Supreme Court reasoned that where the use is for commentary or criticism, copying of the first work “may be justified because copying is reasonably necessary to achieve the user’s new purpose.

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Fair Use Derivative Work Copying Licensing 52

SpicyIP

APRIL 15, 2024

The court in Warhol identified that the primary question is not about how the derivative work is different from the original work. The same can be reflected in the Indian government’s stance on looking to frame a new law on artificial intelligence. The judgement overhauled the existing application of the four-factor test.

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Fair Use Copyright Infringement Derivative Work Copyright 49

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Furthermore, India is actively engaged as a participant in key WIPO-administered International Treaties and Conventions governing various aspects of intellectual property rights. This applies to literary, dramatic, musical, artistic works, computer programs, cinematograph films, and sound recordings.

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Intellectual Property Invention Artistic Work Copyright 75

IP and Legal Filings

JUNE 29, 2024

In the absence of a separate law safeguarding personality rights, the court granted relief by invoking passing off as governed under the Trade Marks law. Copyright laws also provide plausible remedies for enforcing one’s right to personality. The court in the case of Jaikishan Kakubhai Saraf aka Jackie Shroff v.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

Corsearch

MARCH 13, 2023

Copyright © Walt Disney Animation Studios A background on copyright protections in the US All works that were published in the US prior to 1923 are now in the public domain, as is any work created by individuals in an official capacity for the federal government.

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LexBlog IP

SEPTEMBER 12, 2023

For instance, a permissive license like MIT allows others to do almost anything they want with your project, whereas a more restrictive license like GPL requires any derivative work to be open-sourced. Proactively protecting your work is a legal necessity and a strategic move that can add value to your startup.

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Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

For instance, a permissive license like MIT allows others to do almost anything they want with your project, whereas a more restrictive license like GPL requires any derivative work to be open-sourced. Proactively protecting your work is a legal necessity and a strategic move that can add value to your startup.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Intepat

OCTOBER 7, 2022

This means protecting significant rights to their original works. With the introduction of the Designs Act in the year 2000, the Government of India included the advanced provision of safeguarding works with non-functional features in the domain of creative work. Industrial Design.

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Intellectual Property Design Designs Artwork 59

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 Likewise, the U.S.

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Contracts Derivative Work Intellectual Property Music 52

Copyright Lately

MAY 1, 2023

Chrissy has created an unauthorized derivative work of the SpongeBob track (which probably won’t make Sire Records happy), but she likely hasn’t implicated any copyright interests in the UMG-owned Drake recordings that were used by Janet to train the original model. .” ” VMG Salsoul, LLC v.

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Music Copyright Copying Copyright Law 90