TorrentFreak

JUNE 10, 2022

.” The defendants argued that during the development of the cheating software, no copies of Destiny 2 were made or distributed, and no derivative works were created. The parties were as far apart as ever and the lawsuit seemed to be heading towards trial. The agreement sees Robert James Duthie Nelson, Elite Boss Tech, Inc.,

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Copyright Derivative Work Intellectual Property Copyright Infringement 145

Intepat

OCTOBER 23, 2024

In the realm of intellectual property, copyright and moral rights play pivotal roles in safeguarding the interests of creators. While copyright primarily focuses on the economic rights associated with creative works, moral rights emphasize the personal and reputational interests of the creators.

Moral Rights 52

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Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

AUGUST 31, 2021

.” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it. Hence, the “bundle.”

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Intepat

FEBRUARY 3, 2025

In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. Understanding Copyright Law and How It Applies to Fanfiction Indias Copyright Act of 1957 protects original works like books, movies, and art.

Intellectual Property 52

Intellectual Property Copyright Law Copyright Law 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

What are Intellectual Property Rights (IPRs)? Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. WHY ARE INTELLECTUAL PROPERTY RIGHTS IMPORTANT FOR STARTUPS? Why are Intellectual Property Rights Important for Startups?

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Intellectual Property Cease and Desist Invention Branding 52

Kashishipr

NOVEMBER 17, 2021

Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. Difference between Assignment and Licensing of Copyright.

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Copyright Ownership Licensing Intellectual Property 105

IPilogue

SEPTEMBER 13, 2022

Netflix is now suing Bear and Barlow for stealing “ valuable intellectual property ” to build their global brand. Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP.

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JIPEL Copyright Blog

MARCH 21, 2022

In the face of public backlash, Nintendo released a statement describing Slippi as a mod that violates their intellectual property. It is an open legal question whether this would constitute an infringing derivative work. Nintendo’s Statement After Issuing its Cease-and-Desist Letter via Email , November 19 th , 2020.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

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).

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Licensing Derivative Work Copyright Music 59

Copyright Lately

MAY 6, 2022

For that, you’d need an assignment or license from the owner of the underlying copyright. Want to Create New Derivative Works? You Should Probably Read The License. You can also tell your book club that you read it even though you really stopped at page 136. The same rule applies to digital artworks sold as NFTs.

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Derivative Work Licensing Artwork Contracts 94

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

Copyright Lately

AUGUST 2, 2022

Netflix’s reaction to “The Unofficial Bridgerton Musical” was hailed by the fan fiction community, a group which has historically faced a tenuous relationship with the owners of the intellectual property that serves as inspiration for their work. First, as far as copyright cases go, this one’s easy.

Music 112

Music Derivative Work Fair Use Cease and Desist 112

Traverse Legal Blog

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Intellectual Property Office Blog

JULY 29, 2021

According to their Terms of Use, the user owns the copyright to the image posted but automatically agrees to license that image to Instagram. This license only ends when the image is deleted from the platform. We’ve talked about a lot of different types of intellectual property in tonight’s blog.

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IP Branding Branding Brands 86

Kluwer Copyright Blog

JULY 24, 2024

Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g. In almost every model studied, ownership of outputs was assigned to the user, but in many cases, an extensive license was also granted back to the model provider for coexisting use of the outputs.

Copyright 135

Copyright Ownership Social Media Licensing 135

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Table of Contents: Warhol v.

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JIPL Online

APRIL 9, 2021

iii] While intellectual property remedies are painfully slow, the internet is on the cutting-edge of fast paced communication. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest.

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Copyright Infringement Copyright Intellectual Property Blogging 98

The IP Law Blog

MAY 25, 2023

In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

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Fair Use Derivative Work Artwork Copyright Law 98

Kluwer Copyright Blog

MAY 9, 2022

Vanity Fair contacted Lynn Goldsmith’s licensing agency in search of a photograph of that performer to serve as an artist reference. The agency granted Vanity Fair a license to use a Goldsmith photograph of Prince for this purpose on a one-time-only basis. Besides, Goldsmith had chosen not to license that photograph to others.

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Fair Use Derivative Work Art Licensing 100

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” In 1981, Goldsmith, who was then a portrait photographer for Newsweek , took a series of photographs of the then-up-and-coming musician Prince. He did just that.

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Fair Use Derivative Work Art Licensing 97

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. 3:22-cv-06823 – Whither transformative? These cases are not against AI.

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Litigation Fair Use Copying Derivative Work 98

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music.

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Fair Use Licensing Art Music 105

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. scholarship, or research” [2] and is evaluated through multiple factors.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

The IPKat

JANUARY 18, 2023

Yuga Labs, again “ subject to your continued compliance with these Terms ”, grants the NFT owners a “ an unlimited, worldwide license to use, copy, and display the purchased Art for the purpose of creating derivative works based upon the Art ”.

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BYU Copyright Blog

OCTOBER 25, 2021

LTF also asserts that the university licenses use of its intellectual property on other products and advertisements.LTF alleges that Bel-Mac publicly displays on its website and products a "virtually identical" bulldog.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

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

LexBlog IP

MAY 18, 2023

Goldsmith had issued a limited license for this purpose. The license stated her photograph could be used for reference, “one time only.” ” Turns out – in addition to the Vanity Fair illustration – Warhol made a series of 16 additional works derived from Goldsmith’s photo.

Fair Use 52

Fair Use Derivative Work Licensing Copyright 52

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

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. First, it primarily used them in connection with the display of properties listed for sale on Zillow’s site.

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Copyright Registration Licensing Derivative Work 98

LexBlog IP

APRIL 25, 2023

History suggests the law will split inventorship down the middle and grant rights to those “portions” of an invention or copyrightable work that were created by a human, and avoid granting protection to the “portions” that were AI-generated. Copyright law does this well with the protection of derivative works.

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Derivative Work Invention Copyright Law Copyright 52

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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Fair Use Derivative Work Copying Licensing 52

LexBlog IP

SEPTEMBER 12, 2023

Copyright is a form of intellectual property law that protects original works of authorship, including literary, dramatic, musical, and specific intellectual works. Open Source material may seem safe and easy, but it has its licenses and restrictions. Licenses also play a pivotal role in this context.

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Copyright Fair Use Copyright Law Intellectual Property 52

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. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. ” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.”

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Fair Use Art Derivative Work Copyright Infringement 52