Velocity of Content

DECEMBER 4, 2024

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

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

Kluwer Copyright Blog

JULY 24, 2024

On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Is it a proper copyright ownership or an assigned license? user, service)?

Copyright 131

Copyright Ownership Social Media Licensing 131

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

IP Tech Blog

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. Goldsmith, Andy Warhol not only used Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

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? First, as far as copyright cases go, this one’s easy.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

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.” Controversy” [8] : The Litigation. Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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

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

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] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

43(B)log

FEBRUARY 4, 2023

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. If the project is fine, it’s fine to repeat the project with additional works.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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.”

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

As a result, the legal issues rarely are litigated any more. * * *. Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? We need to know more about this license. WhenU concluded that trademarks was a dead-end. ” Wait, what? Trespass to Chattels.

Licensing 105

Licensing Copyright Contracts Advertising 105

Velocity of Content

APRIL 30, 2024

What role might CCC play in licensing for AI applications? Since our founding, we’ve been putting users and rightsholders together, so people can find good ways to license the works that they need. We offer various licensing models. Shumaker: Does the AI environment require changes in CCC’s current licensing approach?

Licensing 52

Licensing Social Media Copyright Publishing 52

Technology & Marketing Law Blog

JANUARY 12, 2024

The plaintiffs lost al of the framing cases then, but here we are in 2024, still litigating framing cases. In my prior blog post, I said: “Underlying this litigation is an epistemological question: what does a “canonical” version of a web page look like? Why are we revisiting this crusty old topic? ” That’s true.

Copying 98

Copying Ownership Derivative Work Contracts 98

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

Fair Use 91

Fair Use Licensing Copying Artwork 91

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. We will be sure to provide future updates as the litigation progresses.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

SpicyIP

OCTOBER 9, 2024

The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law. Effect on the potential market for or value of the works By providing the books without appropriate licensing from the Publishers, and free of cost to readers or libraries, the Archive “usurped” the market for the original works.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

LexBlog IP

JUNE 5, 2023

” The license provided that the use would be for “one time” only. Vanity Fair commissioned Warhol to create the illustration, and Warhol used Goldsmith’s licensed photo to create a purple silkscreen portrait of Prince, which appeared with an article about Prince in Vanity Fair ’s November 1984 issue.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. From a purely economic standpoint, Alexander’s case was the litigation equivalent of a tattoo fail.

Fair Use 80

Fair Use Design Designs Licensing 80

Technology & Marketing Law Blog

AUGUST 1, 2023

It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. Surely paid licensing should not have to work on an all-or-nothing basis.

Blogging 98

Blogging Copying Social Media Copyright 98

JIPEL Copyright Blog

MARCH 21, 2022

It is an open legal question whether this would constitute an infringing derivative work. While these policy considerations could weigh heavily in their favor, it seems unlikely that any TO or group would be willing to risk litigation by hosting a tournament that Nintendo explicitly forbids. tournament circuit beginning in 2022.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

Patently-O

DECEMBER 11, 2023

But however it is interpreted, the sentence presents several concerns: 1) First, the sentence seems to assume that training a machine learning model on copyrighted works made freely available on the open Internet is likely to be deemed (or should be deemed) a copyright violation. That is far too hasty. Stability AI Ltd., Andersen v.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

43(B)log

AUGUST 3, 2023

Harper & Row gets litigated as a First Amendment/free press case by Floyd Abrams; Court relies on Nimmer. Court chose to rule quite narrowly in part b/c of concessions during litigation. A: but the holding is specific that this is only about licensing in commercial markets. Your answer was that the two works didn’t compete.

Fair Use 40

Fair Use Copyright Derivative Work Marketing 40

JIPEL Copyright Blog

MARCH 9, 2022

addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive. infringement of the creator’s exclusive right to reproduce and/or prepare a derivative work) or VARA/moral rights (i.e., For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

43(B)log

AUGUST 9, 2024

seems like this is going to have trouble with derivative works] Amanda Levendowski, Fairer Public Benefit Bias and harms of works aren’t taken into account in fair use analysis: recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems. [Do Hardest case.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). To facilitate the process of TDM, data is the key.

Copyright 74

Copyright Derivative Work Music Design 74

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Investors are more likely to support companies that possess protected IP as it represents a tangible asset that can be monetized or licensed in the future. TYPES OF INTELLECTUAL PROPERTY RIGHTS: COPYRIGHTS : Copyrights are a fundamental type of intellectual property right that plays a crucial role in protecting the creative works of startups.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Kluwer Copyright Blog

MAY 9, 2023

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works? There is disagreement among commentators whether this is a desirable development.

Copyright 136

Copyright Copyright Law Fair Use Law 136

43(B)log

FEBRUARY 4, 2023

Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

Copyright 49

Copyright Editing Settlement Music 49

IP Close Up

NOVEMBER 1, 2022

The Supreme Court recently heard arguments for the Warhol v. Goldsmith copyright case, which will have a dramatic impact on content providers and the definition Continue reading.

Fair Use 83

Fair Use Inventor Copyright Derivative Work 83

43(B)log

FEBRUARY 3, 2023

Much of the litigation thus turns on what it means for a similarity to be probative of copying. Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. Lemley: Patent law uses the actual license amount; there’s no reason to use a multiplier when we actually know. Mostly music infringement.

Copyright 45

Copyright Copying Music Fair Use 45

Kluwer Copyright Blog

FEBRUARY 22, 2022

Drawing on a well-established body of quantitative studies, Heald concludes that extensions to copyright duration have largely negative impacts on the availability of works, development of derivative works, and prices. Directions for future research are only likely to grow.

Copyright 52

Copyright Public Domain Marketing Marketing 52

43(B)log

AUGUST 4, 2023

Ben Depoorter, Copyright Small Claims Litigation: An Empirical Analysis Goal: stick to infringement. Reproduction and public display are the main alleged rights violated (with lots of overlap); only 71 derivative work claims. Questions of reliance/implied license can arise from delayed enforcement.

IP 40

IP Copying Due Diligence Registration 40

LexBlog IP

APRIL 13, 2022

On August 6, Roc-A-Fella filed an amended complaint, naming GoDigital, a company to which Dash allegedly granted the right to license Reasonable Doubt to certain websites, as a co-defendant. [13] According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

FEBRUARY 4, 2023

A relatively new willingness to litigate, but lack of awareness/understanding of copyright law in Carribean is a barrier. Risk of strategic litigation; most restrictive jurisdiction prevails, leading to race to the bottom. Rosenblatt: consider implied license and laches. Is the right to research getting an unwanted transplant?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59