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

TorrentFreak

AUGUST 20, 2021

They released ‘sizzle reels’ to market the cheat using Destiny 2 artwork and developed software to hook into copyrighted Destiny 2 code thereby producing an unlicensed derivate work. They illegally downloaded Destiny 2 in violation of the company’s licensing terms and willfully distributed copyright infringing code.

Copyright Infringement 144

Copyright Infringement Copyright Derivative Work Artwork 144

TorrentFreak

JUNE 10, 2022

In a February 2022 status report, Bungie stressed that Destiny 2’s commercial viability depends on the integrity of its gameplay and the positive experiences of its players. ” 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.

Copyright 145

Copyright Derivative Work Intellectual Property Copyright Infringement 145

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. Without obtaining permission, Lokka made a copy of the report, added his own subtitles, and then retransmitted the new version to the public via Twitter.

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

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. Why Bother?

Plagiarism 279

Plagiarism Derivative Work Copying Licensing 279

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

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. 17 U.S.C. §

Copyright 102

Copyright Derivative Work Artwork Fair Use 102

BYU Copyright Blog

JANUARY 27, 2025

Another longstanding case is one we reported on in September of 2021. We later reported that the case was dismissed by the judge in favor of DYouville College, allowing the Professors the opportunity to amend their motion to dismiss if they wished. Williams et al. DYouville College et al.

Settlement 52

Settlement Contracts Derivative Work Litigation 52

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 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

Likelihood of Confusion

MARCH 8, 2024

David Donoghue reports on an interesting copyright issue blowing around Chicago, my home away from home: The Chicago Tribune‘s Ameet Sachdev reported that an ongoing copyright dispute may be coming to a head at the corner of Michigan Avenue and Randolph Street in Chicago, click here for the Tribune article.

Licensing 52

Licensing Reporting Copyright Derivative Work 52

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

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

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

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. In almost every model studied, ownership of outputs was assigned to the user, but in many cases, an extensive license was also granted back to the model provider for coexisting use of the outputs.

Copyright 135

Copyright Ownership Social Media Licensing 135

Intellectual Property Office Blog

JULY 29, 2021

A huge chunk of Molly Mae’s success comes from social media channel Instagram, where she is reported to charge over £10,000 for each sponsored post. According to their Terms of Use, the user owns the copyright to the image posted but automatically agrees to license that image to Instagram.

IP 86

IP Branding Branding Brands 86

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

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]

Fair Use 52

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]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

JIPL Online

APRIL 9, 2021

[x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. While reporting and removing copyright infringing memes is now easier than ever, such removal efforts still demand significant time and money.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Intepat

FEBRUARY 3, 2025

Since fanfiction often uses parts of these original works, its seen as a “derivative work”, which means it’s based on something already created. According to Section 14 of the Act, you usually need permission from the original creator to write derivative works. In the case Amar Nath Sehgal v.

Intellectual Property 52

Intellectual Property Copyright Law Copyright Law 52

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 96

Fair Use Licensing Copying Artwork 96

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Copyright Lately

AUGUST 25, 2023

An article in the Hollywood Reporter earlier this week suggested that there’s finally been some movement between the parties with respect to generative AI, as studios recognize that copyright protection in AI-generated scripts is only possible for those works if they’re revised by human writers.

Derivative Work 85

Derivative Work Registration Copyright Public Domain 85

Copyright Lately

OCTOBER 25, 2021

The studio settled quietly out of court, so there’s no reported decision in this one. ” In 2004, video game publisher Capcom contacted MKR, the film’s producer, to inquire about about obtaining a license to use elements from the film in one of its games. ROMERO’S DAWN OF THE DEAD.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145

Copyright Lately

MAY 1, 2023

” On April 26, UMG held an earnings call in which it reported that revenues rose 11.5% It’s a new issue and there’s been some fresh reporting on it with some recent developments. year over year to $2.71 And we’re happy to have the opportunity to be very, very clear about our view of the legal landscape.

Music 90

Music Copyright Copying Copyright Law 90

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. For example, if a client were to license the reproduction of a tattoo design by itself (e.g.,

Fair Use 85

Fair Use Design Designs Licensing 85

The IPKat

DECEMBER 20, 2023

The song, and specifically the part of Bad Bunny´s voice and style of lyrics, was reported by his fans to be so much like Bad Bunny that had them fooled. Concerning the lawfulness of the outcome of this machine training, we need clarity on the exclusivity of making derivative works.

Music 75

Music Copying Social Media Derivative Work 75

SpicyIP

MAY 23, 2024

Saregama Vodafone Injunction against exploitation of copyright in sound recording and allied copyright work via VAS. One of the key features was recognition of the rights of authors of original literary, dramatic, artistic and musical work, used in derivative works. Do A ll Rights Subsist with the First Owner?

Music 59

Music Licensing Copyright Moral Rights 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 138

Copyright Copyright Law Fair Use Law 138

Copyright Lately

APRIL 19, 2022

It certainly hasn’t helped that the same word is used in the Copyright Act to define a derivative work (a work that is “recast, transformed , or adapted” from a pre-existing work), which in the absence of fair use is reserved to the copyright owner.

Fair Use 82

Fair Use Art Copyright Derivative Work 82

Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? It will focus on the s.10(3)

Blogging 52

Blogging Law IP Fair Use 52

43(B)log

SEPTEMBER 7, 2023

The Microsoft ad was licensed by Campbell and showed the photo at about the 40-second mark. But this was a license to Microsoft, and Campbell argued that Microsoft wasn’t allowed to reproduce, distribute, and publish the Sowers photo as part of others’ advertising model (including news reporting).

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

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

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. Hardest case.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

SpicyIP

DECEMBER 17, 2023

Gurupadaswamy [¶920, Minutes of Dissent to the Report of the Joint Parliamentary Committee on the Copyright Bill, 1955 of November 14 1956] highlight two principles to consider while limiting the term of translations. Firstly, the author should be able to benefit from both the original work, and translations of his work.

Copyright 59

Copyright Publishing Derivative Work Copyright Law 59

43(B)log

FEBRUARY 4, 2023

Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. other suggestions: news reports, Billboard] Q: just because the music was by a Black musician doesn’t mean that it’s a Black musician who gets paid when a case about that music is resolved in the P’s favor. Derivative work?

Copyright 49

Copyright Editing Settlement Music 49