Velocity of Content

MARCH 16, 2023

Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. The post Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions appeared first on Copyright Clearance Center.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

IP Watchdog

OCTOBER 12, 2022

Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered transformative under factor one of the four-factor fair use test.

Fair Use 116

Fair Use Derivative Work Copyright Art 116

BYU Copyright Blog

JANUARY 27, 2025

Four years ago, we first published a post about an intriguing case involving two education consulting firms litigating over an online excerpt published on the website of Lehren Education (Defendant), which Ivy Coach (Plaintiff) alleged had been improperly copied, infringing on its copyrights. Lehren Education, LLC.

Settlement 52

Settlement Contracts Derivative Work Litigation 52

Copyright Lately

SEPTEMBER 12, 2022

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. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

Copyright 105

Copyright Derivative Work Artwork Fair Use 105

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. Mora, Netflix Will See More Copyright Litigation After Eleventh Circuit Ruling , Daily Business Review (Oct. SETTLEMENT CASES. 1] See Michael A.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Kluwer Copyright Blog

AUGUST 13, 2023

The US policy approach can be derived from the US National AI R&D Strategic Plan issued by the National Science and Technology Council (which offers technical guidance to the US Government) and is based on 9 strategies and represents a policy approach per principles – in this regard similar to the UK one.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 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

TorrentFreak

OCTOBER 17, 2022

The defendants accepted that their cheating software “displays a graphical overlay” that integrates into and annotates Bungie’s copyrighted Destiny 2 work, and injects new code into Destiny 2’s copyrighted code, in both cases creating an unlicensed derivative work. 11020781 Canada Inc., Bungie Continues to Connect The Dots.

Settlement 145

Settlement Derivative Work Copyright Litigation 145

TorrentFreak

JANUARY 25, 2023

and owner Robert James Duthie Nelson, admitted that their tool breached copyright by injecting new code into Bungie’s, thereby creating an unlicensed derivative work. In this lawsuit alone, Bungie has already incurred litigation costs in excess of $338,000. Last summer, Elite Boss Tech, Inc., 11020781 Canada Inc.,

Derivative Work 145

Derivative Work Copyright Litigation Privacy 145

IPilogue

DECEMBER 20, 2021

In the United States, copyright holders have the sole right to prepare derivative works , including major copyrightable elements of an original, previously created work. Unfortunately, laws around fanfiction and fanart are not clear. Despite the legal uncertainty, fanfiction and fanart continue to rise.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

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.” “Netflix would not authorize and did not want them to engage in any live performances (e.g., Metro-Goldwyn-Mayer, Inc.

Music 112

Music Derivative Work Fair Use Cease and Desist 112

CoCal IP Law Institute

AUGUST 5, 2021

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment.

Derivative Work 40

Derivative Work Trademark Copyright Registration 40

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

TorrentFreak

SEPTEMBER 28, 2023

“Nevertheless, OpenAI still tries to leverage its motion to pre-litigate issues it thinks will carry the day in the future. In addition to using copyrighted works for training data, the LLM models themselves are also infringing derivative works, and the same applies to the output of the models.

Fair Use 125

Fair Use Copyright Copyright Infringement Derivative Work 125

IP Tech Blog

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

TorrentFreak

JANUARY 6, 2023

Despite YouTube’s findings that at least one member of the putative class acted fraudulently (Pirate Monitor) to fabricate ‘evidence’ of YouTube’s alleged shortcomings in support of the lawsuit, litigation continued.

Copyright 139

Copyright Licensing Music Publishing 139

LexBlog IP

FEBRUARY 28, 2022

Controversy” [8] : The Litigation. 13] Instead, the Second Circuit held that the differences between the works are more akin to the differences between a novel and an adaptation of that novel—“a paradigmatic example” of a derivative work that would require a license. [14]. Xpectation” [37] : Takeaways.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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. Two key issues have generated much argument, relating respectively to the inputs to and outputs from large models.

Copyright 135

Copyright Ownership Social Media Licensing 135

LexBlog IP

MAY 18, 2023

Litigation ensued, in which AWF advanced fair use as its defense. Underlying the Court’s decision is the copyright owner’s exclusive right to prepare derivative works. The Court reined this in, reminding AWF that copyright owners hold an exclusive right to prepare derivative works.

Fair Use 52

Fair Use Derivative Work Licensing Copyright 52

The IP Law Blog

DECEMBER 30, 2022

The heirs of the author who wrote an article upon which “Top Gun” is based, claims the film’s sequel is an infringing derivative work. Paramount has since filed a motion to dismiss the case. Scott Hervey and Josh Escovedo discuss this on The Briefing by the IP Law Blog. Listen to this podcast episode here.

Blogging 52

Blogging Derivative Work IP Law 52

LexBlog IP

MARCH 22, 2023

The US Copyright Office also noted that this stance does not prevent content creators from claiming copyright for derivative works based on material generated by an AI system. You, as the user, retain control over your derivate work created with an AI system. Have a question about obtaining a copyright?

Derivative Work 52

Derivative Work Copyright Copyright Law Technology 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. Rosenblatt: how we think about that might be different in music sampling than other derivative works.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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

BYU Copyright Blog

MAY 24, 2022

The Guide was made available online and widely distributed to current and potential Pepperdine students.McGucken asserts that this use of the Photo was a violation of his rights to reproduce, display, distribute, and create derivative works.

Copyright Law 52

Copyright Law Law Copyright Derivative Work 52

JIPEL Copyright Blog

APRIL 28, 2021

The problem is that most fanfiction could be characterized as derivative works of other already existing original works, as defined in 17 U.S.C. § Despite the barriers to fanfiction that the derivative work doctrine raises, fanfiction writers may find relief from liability through the fair use doctrine.

Derivative Work 45

Derivative Work Fair Use Copyright Marketing 45

LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

Fair Use 40

Fair Use Art Licensing Derivative Work 40

BYU Copyright Blog

OCTOBER 25, 2021

According to LTF, the "striking similarities" between the two works demonstrate that Bel-Mac intentionally created a derivative work and infringed on the LTF's exclusive rights under copyright and trademark law. We will be sure to provide future updates as the litigation progresses.

Derivative Work 52

Derivative Work Advertising Advertising Intellectual Property 52

Kluwer Copyright Blog

APRIL 22, 2022

Our analysis of the concept of work also investigated the legal status of secondary (derivative) works in relation to the (primary) works used in the input in the context of AI music outputs. 1] (On the topic of AI outputs and derivative works, see here.).

Music 72

Music Copyright Derivative Work Ownership 72

LexBlog IP

MAY 22, 2023

Warhol’s representation was based on and “transformed” Goldsmith’s photograph in a manner that made it a derivative work, and as such the right to create a derivative work such as the pop art and commercially license it should belong to Goldsmith, the copyright holder.

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

LexBlog IP

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Kashishipr

JULY 13, 2022

In the AR field, patent litigation has already commenced for AR hardware and some applications or uses of AR. Since AR capabilities have been limited to gaming devices and mobile devices in recent years, patent litigation in the AR field has been a logical outgrowth of the patent wars consuming the mobile device market.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72

IP Tech Blog

AUGUST 4, 2023

The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g., It’s a way where you take your original work and add new expression to it. turning a book into a movie, a translation of a book from one language to another).

Art 52

Art Fair Use Derivative Work Blogging 52

LexBlog IP

JUNE 5, 2023

” The SDNY litigation focused on whether Warhol had “transformed” Goldsmith’s photograph. A transformative work is fair use, and therefore not a copyright infringement, based on a reading of the Supreme Court’s holding in Campbell v. .” ” Id. ” Slip Op., ” Id. ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

SpicyIP

OCTOBER 9, 2024

The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law. The ongoing litigation against shadow library websites SciHub and LibGen will further contextualise the debate on the right to access information vis-a-vis digital lending.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

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

Velocity of Content

APRIL 30, 2024

Shumaker: I’m also curious about CCC’s role in any of the current litigation. But we don’t keep track of this, and we don’t get involved in their litigation decisions. In the case of AI, I think both NC (non-commercial) and ND (non-derivative works) provisions may be involved. Rowland: Yes.

Licensing 52

Licensing Social Media Copyright Publishing 52

Greenspoon Marder LLP

JANUARY 9, 2017

It is believed there were productive settlement discussions and that the Studios were working on guidelines for amateur, nonprofessional filmmakers to help avoid similar disputes in the future. However, by November 2016 no deal with Axanar had been reached and the litigation continued.

Fair Use 52

Fair Use Derivative Work Settlement Copyright 52