Kluwer Copyright Blog

OCTOBER 5, 2022

This article provides a brief overview of the use of Creative Commons licensing in relation to NFTs based on the Creative Commons’ FAQ page linked above. Creative Commons Licensing. The new FAQ page has been created to assist people with the use of CC licensing and CC0 in their NFT projects.

Licensing 114

Licensing Technology Public Domain Non-Fungible Tokens 114

The IPKat

JANUARY 4, 2022

The judge ruled that the music producer created only a derivative work because lyrics and vocal melody could constitute a separate work. In this author's view, if the music producer participates in the composing process, even if the work has several versions in the meantime, he should be considered as a co-author.

Music 145

Music Derivative Work Copyright Public Domain 145

Traverse Legal Blog

JANUARY 29, 2022

My name is Enrico Schaefer , and I am a Tech Law and BlockChain Attorney. One of the big problems with the NFT marketplace, where NFTs are both sold and purchased, is that the platform doesn’t provide any licensing language for the digital asset that the owner attaches to the NFT. What are you licensing?

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

TorrentFreak

SEPTEMBER 29, 2022

repeatedly breached the terms of its Limited Software License Agreement (LSLA) by using third-party cheating software, getting banned by Bungie, and then repeatedly signing back up to breach the LSLA’s terms once again. But on the other, they also grant permission – a license – for other actions too. ” No LSLA?

Derivative Work 137

Derivative Work Licensing Copyright Infringement Contracts 137

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

Copyright Lately

AUGUST 10, 2021

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. The law permits the owner of a derivative work prepared before termination to continue using that new work even after termination.

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Derivative Work Copyright Settlement Reporting 105

Kluwer Copyright Blog

JANUARY 16, 2024

To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written works through use in training materials for LLaMA (Large Language Model Meta AI).

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Derivative Work Copyright Infringement Copying Copyright 135

TorrentFreak

OCTOBER 17, 2022

The RIAA logically doesn’t want third parties to strip music or vocals from copyrighted tracks, particularly when these derivative works are further shared with others. Unauthorized Copies and Derivatives. While Songmastr’s service is a bit more advanced, the RIAA sees it as clearly infringing. mp3juices.cc.

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Music Derivative Work Copyright Copying 145

Copyright Lately

JANUARY 23, 2023

“A photorealistic dining table made out of old license plates” (Midjourney) The tool can then apply its knowledge of tables to the knowledge it has acquired about aesthetic choices, styles and perspectives, all en route to creating a new image that’s never existed before. You’d be wrong. 17 U.S.C. §

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Derivative Work Art Copying Fair Use 113

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Vila licensed his photo to various online and print publications for use in articles about Shayk. The only problem is that most people don’t know it exists.

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Copyright Derivative Work Artwork Fair Use 105

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

TorrentFreak

MAY 11, 2023

’s use of cheat software modified Destiny 2 and led to the creation of an unauthorized derivative work. was banned and then signed up for a new account, he agreed to Bungie’s Limited Software License Agreement with no intent to comply with it; fraud according to Bungie. ’s license.

Derivative Work 143

Derivative Work Contracts Licensing Copyright Infringement 143

TorrentFreak

JUNE 10, 2022

Bungie’s claims were underpinned by alleged breaches of copyright law, including the DMCA’s anti-circumvention provisions. ” 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. 1201(a) and (b) ).

Copyright 145

Copyright Derivative Work Intellectual Property Copyright Infringement 145

Intepat

OCTOBER 23, 2024

Copyright Law and Moral Rights Copyright law and moral rights are two fundamental pillars in the realm of intellectual property, each serving distinct yet complementary purposes. Copyright law primarily focuses on the economic rights of creators, granting them exclusive control over the use and distribution of their works.

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Moral Rights Copyright Intellectual Property Copyright Law 52

TorrentFreak

JANUARY 17, 2024

” 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. New law that came into force in April 2023 allows the free use of copyright works for parody, pastiche, and caricature.

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

Technology & Marketing Law Blog

MARCH 30, 2025

March 25, 2025) Anthropic previously agreed to maintain its guardrails designed to prevent “output that reproduces, distributes, or displays, in whole or in part, the lyrics to compositions owned or controlled by Publishers, or creates derivative works based on those compositions.”

Copyright 59

Copyright Publishing Copyright Infringement Licensing 59

Technology & Marketing Law Blog

OCTOBER 6, 2022

by guest blogger Aaron Perzanowski , University of Michigan Law School. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. Copyright in Tattoos.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Technology & Marketing Law Blog

JUNE 20, 2023

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. 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

JANUARY 6, 2023

YouTube’s motion for summary judgment states that Schneider licensed her content to YouTube, presented no evidence of DMCA violations, and in some cases had filed untimely claims. Copyright Law: Infringement Standards. “Consequently, summary judgment is granted in favor of YouTube for those 27 works,” the order reads.

Copyright 139

Copyright Licensing Music Publishing 139

SpicyIP

OCTOBER 9, 2024

She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Image from here Hachette Book Group v Internet Archive: Archiving Access to Information or Strengthening Copyright Laws? Tanishka is an advocate at the High Court of MP. billion today, only to grow manifold.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

Kluwer Copyright Blog

JUNE 19, 2023

These questions will be addressed by applying UK law and the EU copyright acquis to NFTs, as illustrated by relevant Court of Justice of the European Union (CJEU) case law and global contemporary examples.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Plagiarism Today

SEPTEMBER 28, 2021

In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works.

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Fair Use Non-Fungible Tokens Copyright Derivative Work 279

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

Copyright Lately

MAY 6, 2022

Just don’t forget about real world copyright law. ? 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. What you can’t do is make your own “Dune” movie.

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Derivative Work Licensing Artwork Contracts 94

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. All copyrights, except one, expire.*.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

TorrentFreak

MAY 17, 2022

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. Copyright Law and DRM. People Want to Download and Keep Movies & TV Shows.

Copying 145

Copying Social Media Licensing Technology 145

Velocity of Content

SEPTEMBER 2, 2021

In the fourth , we looked at the upcoming implementation of the CASE Act, which (assuming it works as intended) will provide for a “small claims court” style of addressing copyright issues. Creative Commons – a non-profit organization operating since early 2001 – released its first licenses to the public in 2002. With more than 1.4

Copyright 116

Copyright Licensing Derivative Work Social Media 116

TorrentFreak

JULY 14, 2024

Whether an hour a day or once per week, the fact that young students are taken off-site is a component of the law. ” Such instruction is only provided to children after permission has been obtained from their parents and, in line with the law, instruction only takes place away from school premises, LifeWise notes.

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Copyright Licensing Fair Use Derivative Work 127

JIPL Online

MARCH 15, 2021

7] Before the court could decide if the subtitled version, a type of derivative work, could still be protected even if the underlying film on its own was available to be used by all, both parties settled. [8]. 14] Before lawyers got involved, pressure from the photographer resulted in the granting of a licensing fee. [15]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. documents, or other files”, a definition that necessarily comprises source code, and hence the Licensed Materials. (As Complaint at 2.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

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. Bungie and Leone appear to have more than a little history.

Derivative Work 144

Derivative Work Social Media Contracts Licensing 144

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.

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. Without this, fanfiction could technically violate copyright laws.

Intellectual Property 52

Intellectual Property Copyright Law Copyright Law 52

BYU Copyright Blog

JANUARY 27, 2025

In its opinion, the court emphasized that copyright licenses are interpreted according to principles of contract law. Our last update highlighted the flaws identified by the Special Master regarding the lack of evidence for several of Pearsons allegations and the missing specifics on which derivative works had been infringed.

Settlement 52

Settlement Contracts Derivative Work Litigation 52

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e. The right to create derivative works.

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Non-Fungible Tokens Licensing Ownership Copying 97

Kluwer Copyright Blog

JULY 24, 2024

The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g. user, service)?

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Copyright Ownership Social Media Licensing 135

IPilogue

SEPTEMBER 13, 2022

Candidate at Osgoode Hall Law School. 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. they will likely not be able to continue to benefit from Netflix’s creative work.

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Social Media Music Intellectual Property Content Creation 104