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

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.”

Derivative Work 40

Derivative Work Artistic Work Licensing Ownership 40

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

Traverse Legal Blog

JANUARY 29, 2022

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. “These platforms are not providing any license language for the actual asset attached to the NFT.

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 136

Derivative Work Licensing Copyright Infringement Contracts 136

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.

Derivative Work 104

Derivative Work Copyright Settlement Reporting 104

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.

Music 145

Music Derivative Work Copyright Copying 145

Plagiarism Today

DECEMBER 1, 2021

Beast’s video was fully licensed, thus eliminating any copyright issues, it still has to raise mixed emotions. He is briefly dubbed a copycat for simply having some similar ideas to an earlier work, but yet a new derivative work can come along and find even greater success.

Plagiarism 279

Plagiarism Derivative Work Copying Licensing 279

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. §

Derivative Work 111

Derivative Work Art Copying Fair Use 111

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

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).

Licensing 59

Licensing Derivative Work Copyright Music 59

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. More > Tags: Copyright , copyright license , Intellectual Property , music copyright.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

Copyright Lately

SEPTEMBER 12, 2022

Vila licensed his photo to various online and print publications for use in articles about Shayk. 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.

Copyright 102

Copyright Derivative Work Artwork Fair Use 102

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.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

TorrentFreak

JANUARY 6, 2023

Schneider’s first amended complaint alleged that YouTube and its users infringed her copyrighted musical compositions and sound recordings, and that YouTube facilitated infringement by removing copyright management information (CMI) from her copyright works, in violation of the DMCA. YouTube’s Licensing Defense.

Copyright 139

Copyright Licensing Music Publishing 139

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. With parody status unavailable, the content posted to Twitter was confirmed as an unauthorized derivative work, distributed by Lokka, in breach of copyright.

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

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

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. Equally importantly, the court failed to provide the jury with instructions on two other defenses—waiver and implied license. The implied license argument is particularly important here.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

TorrentFreak

JULY 28, 2021

The plaintiffs believe that Ring-1 or those acting in concert with them fraudulently obtained access to the games’ software clients before disassembling, decompiling and/or creating derivative works from them.

Copyright Infringement 141

Copyright Infringement Copyright Derivative Work Social Media 141

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.

Derivative Work 91

Derivative Work Licensing Artwork Contracts 91

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

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

Velocity of Content

NOVEMBER 4, 2024

Let’s explore why responsible AI use starts with proper licensing and implications for businesses like yours when navigating these waters. In fact, there’s a clear path forward for businesses that understand the importance of leveraging AI responsibly: licensing.

Licensing 52

Licensing Copyright Business Reporting 52

TorrentFreak

JULY 14, 2024

The allegation that licensing costs were avoided carries much more weight, however. ” Who owns the copyrights to the curriculum and how licensing is structured, may be a point of interest for the defense. According to the complaint, the LifeWise Curriculum is actually a derivative work, i.e And so it begins.

Copyright 124

Copyright Licensing Fair Use Derivative Work 124

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

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. People Want to Download and Keep Movies & TV Shows.

Copying 145

Copying Social Media Licensing Technology 145

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

Plagiarism Today

SEPTEMBER 28, 2021

” 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. Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol.

Fair Use 279

Fair Use Non-Fungible Tokens Copyright Derivative Work 279

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

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.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

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

Likelihood of Confusion

MARCH 8, 2024

In the 1980s, Israeli artist […] The post Creative license appeared first on LIKELIHOOD OF CONFUSION™.

Licensing 52

Licensing Reporting Copyright Derivative Work 52

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.

Fair Use 40

Fair Use Art Licensing Derivative Work 40

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e. Without a separate licensing contract (typically a web page) for the underlying asset, an essential part of the NFT transaction is unaddressed. The digital asset.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Copying Ownership 97

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” Was it a license on the world’s greatest terms? .” ” Ok, But What If I Wrapped This Up Already?

Music 109

Music Derivative Work Fair Use Cease and Desist 109

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.

Derivative Work 72

Derivative Work Fair Use Art Copying 72