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 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 90

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.

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Copyright Intellectual Property Derivative Work Copying 98

TorrentFreak

JANUARY 17, 2024

Acuff-Rose Music, Inc. ” 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. .” Still, some believed 2 Live Crew’s music shouldn’t have been on sale at all. Campbell v.

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Copyright Derivative Work Fair Use Reporting 141

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?

Music 109

Music Derivative Work Fair Use Cease and Desist 109

IPilogue

SEPTEMBER 13, 2022

However, one musical duo exceeded the fan-generated content standards. They later released a 15-song album based on the show’s characters and storylines, entitled “The Unofficial Bridgerton Musical.” This year, their album won a Grammy for “Best Musical Theatre Album?” Standing ovation for @abigailbarlow…”.

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Social Media Music Intellectual Property Content Creation 104

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 111

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

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.*.

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Derivative Work Public Domain Copyright Fair Use 105

Technology & Marketing Law Blog

JUNE 20, 2023

Acuff-Rose Music, Inc. , 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

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]

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Copyright Lately

NOVEMBER 8, 2022

He also had a bad temper and the unfortunate habit of using barnyard animals as musical instruments. At the same time, those aspects of the character’s evolution that don’t appear until later works may still be eligible for copyright protection. Notable Musical Compositions Entering the Public Domain in 2023. “

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Public Domain Derivative Work Copyright Social Media 145

Intepat

MAY 24, 2023

The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture. In a licensing agreement, the licensor grants the licensee the right to use their intellectual property in a specified manner, while also retaining a stake in it.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 98

Velocity of Content

APRIL 11, 2024

In simple terms, LLMs operate as colossal prediction machines, using training datasets to forecast the “next best word” or other elements, such as musical chords or pixels. This has significant legal implications as both the original and tokenized datasets constitute reproductions, potentially influencing licensing requirements.

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Licensing Fair Use Copying Copyright 52

Copyright Lately

JANUARY 31, 2023

Already a fixture on the pop charts and in the world of bait-and-switch hyperlinks, Astley is now looking to make history yet again, this time with a new lawsuit that may put a damper on the music industry’s latest nostalgia kick. Gravy and his team couldn’t get a license to sample the master recording. “So,

Music 104

Music Copyright Licensing Copyright Infringement 104

Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed.

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Fair Use Licensing Derivative Work Art 98

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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Patently-O

SEPTEMBER 1, 2023

A core inquiry is whether original works that would ordinarily be copyrightable should be denied unless a human author is identified. Generative AI models produce outputs like text, art, music, and video that appear highly creative and would certainly meet copyright’s originality standard if created by natural people.

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Copyright Copying Derivative Work Licensing 94

Kluwer Copyright Blog

MAY 9, 2022

Acuff-Rose Music, Inc., 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. Goldsmith, 11 F.4th 4th 26 (2d Cir.

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Fair Use Derivative Work Art Licensing 100

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] 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

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

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]

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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]

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Fair Use Licensing Cease and Desist Derivative Work 52

SpicyIP

MAY 23, 2024

Image from here Sweet Sound of Victory: Looking at the Calcutta HC’s Decisive Decision on Rights of Authors By Surabhi Katare In a major development, Calcutta High Court’s passed a landmark judgement on May 17, 2024, in safeguarding the copyrights of authors of music and literary work used in sound recordings.

Music 59

Music Licensing Copyright Moral Rights 59

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

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.

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Fair Use Derivative Work Copying Marketing 59

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

SpicyIP

OCTOBER 9, 2024

The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law. Code § 107 as follows: The purpose and character of the use Taking a cue from Campbell v Acuff-Rose Music Inc. , Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

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Copyright Law Copyright Fair Use Law 105

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

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.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 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

Copyright Lately

OCTOBER 25, 2021

You can always get drunk and order random stuff on Amazon curl up with a scary book or Halloween-themed movie, game or music video that’s found its way into copyright history. So, without further ado, here are 13 Halloween-themed works that someone (hopefully other than you) got sued for. ROMERO’S DAWN OF THE DEAD.

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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 82

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

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.

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Fair Use Derivative Work Copying Licensing 52

IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. Is this the same in the US and China? Can other IP rights like trademarks play a role in protecting NFTs?

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IP Ownership Non-Fungible Tokens Copyright Law 109

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.

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Fair Use Derivative Work Copying Licensing 52