Velocity of Content

SEPTEMBER 2, 2021

In my first post in this series, after discussing the basics of good copyright practice for bloggers (and other creators whose distribution is primarily through social media sites), I went on to look at the DMCA and how it may be seen as a useful first-line-of-defense bit of IP protection for content first appearing on such sites.

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Copyright Licensing Derivative Work Social Media 116

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik filed the lawsuit in February 2021 , claiming that Von D infringed the copyright in his photo of Miles Davis by tattooing a reproduction of the image on her friend Blake Farmer’s arm and by displaying images of the tattoo on her social media accounts.

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Fair Use Social Media Licensing Marketing 91

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.

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Copyright Derivative Work Artwork Fair Use 102

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.

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Derivative Work Licensing Artwork Contracts 91

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

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.

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IP Branding Branding Brands 86

Copyright Lately

NOVEMBER 8, 2022

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. While later iterations of a character may be protected, you can’t bootstrap the copyright in a derivative work to extend protection on the original work.

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Public Domain Derivative Work Copyright Social Media 145

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?

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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.

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Fair Use Licensing Copying Artwork 96

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.,

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Fair Use Designs Design Licensing 85

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.

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Blogging Copying Social Media Copyright 98

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. Importantly, however, there will still be no copyright protection in the AI-generated material itself.

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Derivative Work Registration Copyright Public Domain 85

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. xviii] In one instance, Getty Images pursued a German blog—Geek Sisters—for almost $900 in licensing fees for their use of the awkward penguin meme.

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Copyright Infringement Copyright Intellectual Property Blogging 98

Copyright Lately

OCTOBER 25, 2021

.” 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. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner. ROMERO’S DAWN OF THE DEAD.

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Copyright Cinema Copying Copyright Infringement 145

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. Is this the same in the US and China?

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IP Ownership Non-Fungible Tokens Copyright Law 109

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] Section 106 of the Copyright Act grants copyright holders an exclusive right to make or license derivative works based upon a previously copyrighted work. [11]

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Derivative Work Cease and Desist Blogging Litigation 59

Copyright Lately

FEBRUARY 20, 2022

In addition, the allegations in the original complaint suggest that, at the very least, Scott would have granted Marvel and Jim Henson Productions an implied license to use his materials in its Muppets Babies series, which would also foreclose an infringement claim. This admission could preclude an infringement claim by the trustee.

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Ownership Copyright Infringement Contracts Copyright 87

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. anyone who posts any sort of repurposed content on social media).

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Fair Use Art Copyright Derivative Work 82

Selvam & Selvam Blog

SEPTEMBER 23, 2024

Section 14 of the Copyright Act, 1957 provides all rights, including further development, translation, reproduction, publication, communication to the public among others, exclusively to the owner of the work. Here’s the To-Dos for the Creators before working on a remix! What licenses are required?

IP 52

IP Licensing Cease and Desist Music 52

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.

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Music Copyright Licensing Copyright Infringement 104

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.” Note that Chrissy would still need to obtain a license to use the underlying “Best Day Ever” composition.)

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Music Copyright Copying Copyright Law 90

JIPEL Copyright Blog

MARCH 21, 2022

Players rallied against Nintendo’s actions, causing #FreeMelee to trend across social media and throughout the gaming world. It is an open legal question whether this would constitute an infringing derivative work. Nintendo’s Statement After Issuing its Cease-and-Desist Letter via Email , November 19 th , 2020.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Cease and Desist Law 59

JIPEL Copyright Blog

MARCH 9, 2022

The museum industry, it would seem, is taking note of technology’s growing role in its operations, particularly in regards to visitor engagement and staying relevant in a social media-driven society where declining visitation rates have only been exacerbated by the ongoing pandemic.

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Moral Rights Art Fair Use Derivative Work 52

LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v.

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Fair Use Art Licensing Copyright Infringement 52

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. Is this the same in the US and China?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

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.

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Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

AUGUST 4, 2023

Xuan-Thao Nguyen, Tech Bros, Social Media, and the End of IP Financing? 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. Ideas are nothing without financing.

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IP Copying Due Diligence Registration 40

Kluwer Copyright Blog

JULY 24, 2024

While study of social media and online platform private ordering is a very well-established way to find out how providers deal with copyright, data protection and consumer protection, studies of generative AI T&C have been slower to get going. Is it a proper copyright ownership or an assigned license? user, service)?

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Copyright Ownership Social Media Licensing 135

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. Concerning the lawfulness of the outcome of this machine training, we need clarity on the exclusivity of making derivative works.

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Music Copying Social Media Derivative Work 73

Copyright Lately

NOVEMBER 24, 2024

How Copyright Law Handles Co-Ownership While it’s true that one co-owner can’t transfer the exclusive rights of another co-owner, the Copyright Act of 1976 made copyrights divisible, transforming copyright ownership into a bundle of discrete exclusive rights that can be independently owned, licensed, or transferred.

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Copyright Music Ownership Licensing 95

Copyright Lately

SEPTEMBER 13, 2024

The court also found that “the video’s overarching political purpose does not automatically render its use of any non-political work transformative.” ” Judge Koeltl added that holding otherwise “would swallow the copyright owner’s exclusive right to prepare derivative works.”

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Fair Use Copyright Cease and Desist Music 134