Copyright Lately

AUGUST 2, 2022

But this time, Netflix is the one doing the suing, and it’s targeting the creators of “ The Unofficial Bridgerton Musical ” with what I’ll call “The Official Bridgerton Musical Copyright Infringement Lawsuit” (read here). Okay, But What if Bridgerton Was a Musical?

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Music Derivative Work Fair Use Cease and Desist 114

Copyright Lately

MAY 1, 2023

The world’s largest record company says it has a clear view of the legal landscape surrounding AI-generated music. If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. The reality is more complicated.

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Music Copyright Copying Copyright Law 95

Kluwer Copyright Blog

APRIL 22, 2022

Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs. The study covers practices of for-profit AI-powered online music creation services (e.g., Copyright protection and authorship of AI music outputs.

Music 73

Music Copyright Derivative Work Ownership 73

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. Copyrights: Copyrights protect original works of authorship such as software codes, artistic creations, literature, music, films, etc.

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Intellectual Property Cease and Desist Invention Branding 52

More Than Your Mark

AUGUST 27, 2021

While every business recognizes the need to protect its intellectual property, it’s easy to get confused about what each type of intellectual property protects. Copyrights protect creative works. The post Intellectual Property: What Are the Differences between Patent, Trademark, and Copyright?

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Intellectual Property Trademark Copyright Patent 52

The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. 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.

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Fair Use Derivative Work Artwork Copyright Law 98

Intellectual Property Law Blog

JUNE 5, 2023

The effect upon the potential market for or value of the copyrighted work. [8] 10] The more transformative a work is, the more likely it is to be considered fair use. It will impede new art, music and literature. Since the Supreme Court’s decision in Campbell v. It will make our world poorer.” [18]

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Fair Use Licensing Cease and Desist Derivative Work 130

Biswajit Sarkar Copyright Blog

DECEMBER 4, 2023

Protecting software innovations, which include inventions, creative works, and commercial symbols, is essential through the umbrella of Intellectual Property. Intellectual Property Rights (IPR) IPR protection is vital as it encourages innovation and creativity by ensuring that creators can benefit from their work.

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Intellectual Property Invention Artistic Work Copyright 75

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

Kashishipr

SEPTEMBER 15, 2021

Dance is commonly associated with music, but at the same time, there are dance forms like contemporary performances, which utilize silence while expressing the art form. The music, costumes, scenery, or lighting effects would not be accounted for while seeking such protection. are excluded from the ambit of copyright protection.

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Copyright Registration Music Copyright Law 105

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” The report notes on page 11 that “In 2003, research estimates put the [U.S.] market for religious publishing and products at $6.8

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

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’.” East Coast Foods, Inc.,

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Derivative Work Copying Copyright Infringement Copyright 112

The IPKat

MARCH 22, 2024

The IPKat is pleased to host the following guest post by Katfriend Caroline Theunis (Bar of the Province of Antwerp) on the copyright troubles of music superstar and copyright-savvy artist Taylor Swift. This would make herself a right holder to her music again, in control over where and how it was being used.

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Moral Rights Copyright Music Art 72

LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Derivative Works and AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

IP and Legal Filings

JUNE 29, 2024

The personality rights in India are generally enforced in the context of Intellectual Property Laws. The generative AI has been on the forefront of the legal actions, and alleged violations of intellectual property rights have been on the rise since the inception of generative AI. Baby Gift House & Ors.

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Personality Rights Fair Use Privacy Intellectual Property Law 98

The IPKat

JANUARY 18, 2023

The crucial question is “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.)

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Artwork Contracts Art False Advertising 83

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?

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Derivative Work Copyright Fair Use Copyright Law 59

Kluwer Copyright Blog

JULY 24, 2024

Since then, large models generating not just text and image but also video, games, music and code, have become a global obsession, touted as set to revolutionise innovation and democratise creativity, against a background of media frenzy.

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Copyright Ownership Social Media Licensing 135

IIPRD

SEPTEMBER 29, 2022

Copyright is a term describing rights given to creators for their literary and artistic works. It’s an intellectual property, if an individual owns the copyright to something, then he’s the only owner of it and also the decider that who can copy it. MP3 REVOLUTION (DERIVATIVE WORKS) MP3 stands for MPEG audio layer 3.

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Copyright Intellectual Property Copying Music 52

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

Kluwer Copyright Blog

MAY 20, 2024

46) that “it does not seem to me to be necessary to proceed any further with th[e] distinction [of parody, caricature and pastiche], since, in short, all those concepts have the same effect of derogating from the copyright of the author of the original work which, in one way or another, is present in the — so to speak — derived work.”

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Copyright Law Law Copyright Derivative Work 73

IP Intelligence

JUNE 7, 2023

Goldsmith involved the recasting by Andy Warhol, in or about 1984, of a photograph of the music artist Prince into an orange-hued silkscreen rendition (Orange Prince). At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Goldsmith , 598 S.

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Fair Use Licensing Art Music 105

LexBlog IP

MAY 19, 2023

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. This could potentially stifle creativity and limit the use of derivative works in commercial contexts.

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Fair Use Art Licensing Derivative Work 40

LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. 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.

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Fair Use Derivative Work Artwork Copyright Law 52

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

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. 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

Traverse Legal Blog

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. 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

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 Indian Copyright Act of 1957 through Section 13(1), stipulates that “original literary, dramatic, musical, and aesthetic works” are protected by copyright.

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Copyright Public Domain Copying Publishing 98

LexBlog IP

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way. Acuff-Rose Music, Inc.,

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IIPRD

APRIL 8, 2024

With the development of latest technologies like the Creative Adversarial Network (“CAN”), many areas which were yet unexplored in the realm of Intellectual Property Rights have arisen. Creator’s will need to keep an eye out to monitor such generators in case work derived from theirs appears.

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Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

DECEMBER 21, 2021

Republic claimed that the film was a derivative work of both the film’s musical score and The Greatest Gift , the short story on which It’s a Wonderful Life is based. Republic Pictures, NTA’s successor, was finally able in 1993 to use U.S. Supreme Court precedent to sort of “reclaim” the copyright.

Copyright 40

Copyright Public Domain Derivative Work Intellectual Property 40

Selvam & Selvam Blog

SEPTEMBER 23, 2024

In this era of Millennials and Gen Z, Spotify and other music apps seems to be the go-to platform, with everyone tuning in to music. From vibing to popular tracks to setting the trends on Instagram reels, music has been intertwined into everyone’s life so much that even common people are involved in the trends industry.

IP 52

IP Licensing Cease and Desist Music 52

The IP Law Blog

JULY 6, 2023

Prior to this case, the focus has been on the transformative nature of the work itself. in other words, whether and to what extent the new work is transformative.” The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

JUNE 5, 2023

The effect upon the potential market for or value of the copyrighted work. [8] 10] The more transformative a work is, the more likely it is to be considered fair use. It will impede new art, music and literature. Since the Supreme Court’s decision in Campbell v. It will make our world poorer.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

The effect upon the potential market for or value of the copyrighted work. [8] 10] The more transformative a work is, the more likely it is to be considered fair use. It will impede new art, music and literature. Since the Supreme Court’s decision in Campbell v. It will make our world poorer.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

JULY 6, 2023

Prior to this case, the focus has been on the transformative nature of the work itself. in other words, whether and to what extent the new work is transformative.” The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Kluwer Copyright Blog

JULY 16, 2023

Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.” by Pamela Samuelson “In March 2022 the U.S.

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Blogging Law IP Fair Use 52