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

Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g. There was almost no reference to ownership of training data that had come from parties other than the contractual partners. We hope to return to this theme in future work. user, service)?

Copyright 130

Copyright Ownership Social Media Licensing 130

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

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 102

Derivative Work Copyright Settlement Reporting 102

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. It is crucial in establishing a transparent record of ownership and transfer, while also safeguarding the rights of all parties involved in the transaction.

Intellectual Property 98

Intellectual Property Contracts Ownership Invention 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. An assignment is, in spirit, a transfer of ownership, even if it is partial.

Copyright 105

Copyright Ownership Licensing Intellectual Property 105

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. scholarship, or research” [2] and is evaluated through multiple factors.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

BYU Copyright Blog

DECEMBER 5, 2022

He gave full ownership of the software to Alabama, and Alabama then entered a licensing agreement with a private company called Obtego Cyber, LLC ("Obtego") to use the software in their company.

Derivative Work 52

Derivative Work Ownership Copyright Infringement Licensing 52

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 88

Derivative Work Licensing Artwork Contracts 88

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. The token goes onto the blockchain, indicating ownership rights and potentially royalty rights for future transfers of the NFT, but not the underlying digital asset. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

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. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2. Complaint at 31.

Blogging 132

Blogging Licensing Privacy Copyright Notice 132

Patently-O

SEPTEMBER 1, 2023

Although the notice focuses on copyrightability, ownership questions will also come into play. The copyright office seeks input on the legality of training generative models on copyrighted works obtained via the open internet, but without an express license. A traditional approach would allow for joint liability.

Copyright 122

Copyright Copying Derivative Work Licensing 122

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Ownership and Enforcement. Copyright Ownership.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. Was it a license on the world’s greatest terms?

Music 104

Music Derivative Work Fair Use Cease and Desist 104

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. This, of course, could be an accident based on true intellectual curiosity, but I do not believe it. 3:22-cv-06823 – Whither transformative?

Litigation 98

Litigation Fair Use Copying Derivative Work 98

The IPKat

JUNE 27, 2022

Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. Yuga Labs, therefore, still owns the copyright in each NFT. All this implies the idea that, in the world of NFTs, the IP rights in the digital file are of secondary importance if not outright meaningless.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Copyright Lately

FEBRUARY 20, 2022

Without any ownership interest in the production bible, Scott had no right to assert a copyright infringement claim. As a result, it’s questionable whether Scott had any ability to claim infringement, even if he were able to show an ownership interest in the series bible in the first place.

Ownership 83

Ownership Copyright Infringement Contracts Copyright 83

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 90

Copyright Law Copyright Fair Use Law 90

Technology & Marketing Law Blog

JANUARY 12, 2024

” Domain names are also intangible, as are the records documenting domain name ownership, yet the court held they were capable of being converted. I guarantee that copyright owners will quote this statement to improperly assert ownership over uncopyrightable components of their “commercial websites.”

Copying 88

Copying Ownership Derivative Work Contracts 88

Copyright Lately

AUGUST 25, 2023

Think of human modifications to AI as a quasi-derivative work—the copyright in a derivative work only extends to the material contributed by the author of that work , as opposed to the underlying material.

Derivative Work 81

Derivative Work Registration Copyright Public Domain 81

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Ownership and Enforcement. Copyright Ownership.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

JUNE 27, 2022

This means that Congress provided copyright owners with the ability to recapture their works thus allowing the copyright owner to take actions such as renegotiating an agreement or creating their own works based on the original work. First, can Shosh and Yuval ‘elect to terminate’ rights in which they did not give?

Copyright 52

Copyright Derivative Work Intellectual Property Television 52

LexBlog IP

JUNE 27, 2022

This means that Congress provided copyright owners with the ability to recapture their works thus allowing the copyright owner to take actions such as renegotiating an agreement or creating their own works based on the original work. First, can Shosh and Yuval ‘elect to terminate’ rights in which they did not give?

Copyright 52

Copyright Derivative Work Intellectual Property Television 52

43(B)log

AUGUST 3, 2023

By defining purpose only as licensing image of Prince—use in a well-structured conventionalized market—the majority gets to be dismissive of the dissent; it doesn’t matter how much Warhol contributed b/c he created a substantially similar image which is now competing with her photograph. Your answer was that the two works didn’t compete.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

These rights provide exclusive ownership and control over intangible assets, allowing creators to protect their innovations from unauthorised use, reproduction, or distribution. Firstly, intellectual property rights grant startups exclusive ownership over their innovative ideas and inventions.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces?

Art 52

Art Artwork Intellectual Property Copyright Law 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

Licensing 100

Licensing Copyright Contracts Advertising 100

43(B)log

FEBRUARY 4, 2023

Hughes: increasing registrations for women at the © office compared to other metrics where women are disadvantaged—ownership of stock, real property, presence on corporate boards, patent ownership which then translates to being in a startup. Said: ownership records; interview a few repeat players. Derivative work?

Copyright 64

Copyright Editing Settlement Music 64

Copyright Lately

JANUARY 31, 2023

What makes Astley’s case interesting is that Gravy and his record label obtained the appropriate copyright license to recreate the melody and lyrics from “Never Gonna Give You Up” (which Astley didn’t write and doesn’t control) for “Betty (Get Money).” The defendants obtained a license to use the former, but not the latter.

Music 99

Music Copyright Licensing Copyright Infringement 99

Copyright Lately

MAY 1, 2023

Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes, and we’re committed to maintaining these legal principles.” That is, in fact, the very nature of sound recording copyright and ownership.” We own all sounds captured on a sound recording.

Music 86

Music Copyright Copying Copyright Law 86

43(B)log

FEBRUARY 3, 2023

In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. Rosen, Fog and Fiction and Copyright Term Extension aka Who Framed Mickey Mouse?

Copyright 59

Copyright Copying Music Fair Use 59

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 135

Copyright Copyright Law Fair Use Law 135

LexBlog IP

APRIL 13, 2022

3] An announcement on SuperFarm’s website noted that the sale would occur on the Ethereum blockchain, and that the auction was significant because it would “set a precedent for how artistically created value and its ownership can be proven, transferred, and monetized seamlessly through a public blockchain.” [4]. Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

FEBRUARY 4, 2023

Motivation for © owners to change how they view ownership? Rosenblatt: consider implied license and laches. RT: My priors: Substantial similarity is junk and these techniques develop to clean up some of its junkiness instead of using derivative works properly. DnD fans spoke with $ by cancelling their subscriptions.

Copyright 59

Copyright Fair Use Privacy Derivative Work 59

SpicyIP

OCTOBER 2, 2023

Highlights of the Week Bayh Dole-esque Guidelines Notified by Dept of Biotechnology Image from here Earlier this month, Dept of Biotech notified the DBT IP Guidelines for ownership and commercialization of IP arising from DBT funded research outcomes. The Conundrum of Naked Licensing Naked Licensing, aka “You Snooze, You Lose.”

Licensing 59

Licensing Trademark Intellectual Property IP 59

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Third, is Trump’s claim of ownership barred by 17 U.S.C. 105 , as a “work of the United States Government”? Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves?

Copyright 129

Copyright Blogging Publishing Fair Use 129