TorrentFreak

JULY 28, 2021

According to the plaintiffs, these people operate, oversee or participate in Ring-1, an operation that develops, distributes and markets a range of cheats for Destiny 2 and Rainbow Six Seige, among others. Ring-1 is said to largely operate from Ring-1.io

Copyright Infringement 141

Copyright Infringement Copyright Derivative Work Social Media 141

IIPRD

JANUARY 22, 2025

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect.

Fair Use 95

Fair Use Intellectual Property Derivative Work Copyright Law 95

TorrentFreak

NOVEMBER 2, 2022

In a market saturated with tens of thousands of games spanning dozens of genres, videogamers don’t have to look far to find the next big challenge to conquer. For those with a desire to conquer but an aversion to putting in work, options are plentiful too. Defendants Picked Off, One By One.

Settlement 133

Settlement Cease and Desist Confidentiality Derivative Work 133

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]. 9] Both parties reached an amicable settlement. [10] 11] The case has also been settled. [12] 21, 2020), [link]. [3]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Kluwer Copyright Blog

APRIL 22, 2024

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. In Spain, NFTs and copyright have recently faced off before the commercial courts of Barcelona.

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

Technology & Marketing Law Blog

OCTOBER 6, 2022

While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis. WWE 2K (Guest Blog Post) appeared first on Technology & Marketing Law Blog. The tattoo industry has largely avoided copyright scrutiny.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

LexBlog IP

FEBRUARY 28, 2022

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]. It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Kluwer Copyright Blog

MAY 9, 2022

It noted that the Warhol Prince Series did not supplant market demand for Goldsmith’s photograph and, in fact, operated in a very different market than her photograph. Consequently, the market harm factor did not cut against Warhol’s fair use defense. Besides, Goldsmith had chosen not to license that photograph to others.

Fair Use 100

Fair Use Derivative Work Art Licensing 100

43(B)log

OCTOBER 20, 2022

Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum. pointed out that many of the big data/evidentiary use-type fair use cases are well-described by the idea of a transformative purpose —a purpose orthogonal or unrelated to the expressive content of the original work or works used.

Derivative Work 72

Derivative Work Fair Use Art Copying 72

The IPKat

JANUARY 25, 2022

That is the great contribution of modern copyright law, recognizing as it does the legal status of a derivative work and thereby opening unlimited commercial possibilities for the work of art." [ Merpel notes that, of course, while the Larivière painting is not protected by copyright, it is the principle that concerns us.

Art 134

Art Artwork Copying Moral Rights 134

Traverse Legal Blog

NOVEMBER 25, 2024

The four factors which attorneys and courts consider in determining if the use of a work is infringing include: 1. the nature of the copyrighted work. the effect of the use upon the potential market. Infringement can be willful or accidental. the purpose and character of your use.

Copyright Infringement 98

Copyright Infringement Copyright Web Design Fair Use 98

43(B)log

APRIL 7, 2021

Not all literary works are the same; Infinite Jest gets a different kind of copyright protection than my emails do. I think that means that the jury verdict must be interpreted to have favored Google on factor four, resolving the factual part of factor four in its favor.

Marketing 40

Marketing Marketing Fair Use Derivative Work 40

Technology & Marketing Law Blog

JULY 19, 2024

As part of a SAD Scheme case, she claims an Amazon seller infringed on her work. Here is the comparison: This looks like a derivative work to me. Schedule A appeared first on Technology & Marketing Law Blog. I saw 10 different SAD Scheme cases in her name). Would fair use apply?

Derivative Work 96

Derivative Work Blogging Fair Use Licensing 96

Intellectual Property Law Blog

JUNE 5, 2023

Section 107 of the Copyright Act provides that “fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching … scholarship, or research is not an infringement of copyright.” [7] The nature of the copyrighted work. The effect upon the potential market for or value of the copyrighted work. [8]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. Therefore, DCs cannot be freely transacted in the Chinese market.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

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.,

Music 109

Music Derivative Work Fair Use Cease and Desist 109

IPilogue

MAY 26, 2022

Sound recordings are subject to copyright protection under the US Copyright Act of 1976 (Title 17) (“Act”), which also provides that the owner of a sound recording has exclusive rights to reproduce, prepare derivative works from and publicly distribute the work.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

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.

Public Domain 145

Public Domain Derivative Work Copyright Social Media 145

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. Not suggesting that “work” and “project” are exhaustive categories. Prince is work plus embodiment.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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. At this point, this speculation seems a little premature.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

IP and Legal Filings

DECEMBER 23, 2024

Thus, a defense that has the Fair Use Principle at its bedrock, in order to be an acceptable defense, must prove the existence of these factors in its favor, namely, the purpose and character of Use, the nature of copyrighted work, the amount and substantiality of the portion used and the effect of Use upon potential markets. [1]

Fair Use 52

Fair Use Derivative Work Journalism Copyright Infringement 52

SpicyIP

OCTOBER 9, 2024

By Tanishka Goswami Providing advantages of accessibility, affordability, and shareability among others, the swiftly expanding market for e-books stands at $17.20 The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law. billion today, only to grow manifold.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

TorrentFreak

JULY 14, 2024

The organization’s religious instruction program, marketed as LifeWise Academy, has a curriculum which outlines the religious instruction children receive. According to the complaint, the LifeWise Curriculum is actually a derivative work, i.e and now declares itself the copyright owner of the copyrighted work in suit.

Copyright 124

Copyright Licensing Fair Use Derivative Work 124

LexBlog IP

APRIL 12, 2023

The court found that this was transformative (creating the searchable database) and did not adversely impact the market for books. In fact, the court noted that this likely helps the market by making it easier for people to find relevant books. And the image may impact the market for images.

Fair Use 52

Fair Use Derivative Work Copying Marketing 52

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Whether it always performs as advertised is up for debate but there are videos showing it in action on Amazon and other platforms quickly downloading files, rather than attempting to record the screen.

Copying 145

Copying Social Media Licensing Technology 145

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

Technology & Marketing Law Blog

JANUARY 12, 2024

As for the claims’ equivalency to copyright law: We need not decide whether it is more appropriate to characterize Plaintiffs’ Complaint as implicating rights to (a) display or reproduce copies or (b) prepare derivative works because the Complaint invokes both rights and both rights are recognized under federal copyright law.

Copying 98

Copying Ownership Derivative Work Contracts 98

IP and Legal Filings

JANUARY 23, 2023

Parallel to this, Non-Fungible Tokens, often known as NFTs, have seen tremendous growth as more and more people enter the market. v] Prior to the development of NFTs, artists depended on non-traditional legal and financial frameworks to drive the art market.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

The IP Law Blog

JUNE 15, 2023

The Ninth Circuit began by noting that “the question of whether a work constitutes a `compilation’ for the purposes of statutory damages pursuant to … the Copyright Act is a mixed question of law and fact.” Likewise, Zillow used each photo independently to market home designs.

Copyright 98

Copyright Registration Licensing Derivative Work 98

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. The breathless media reports soon followed.

Copying 128

Copying Non-Fungible Tokens Contracts Copyright 128

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. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 511, 523 (2012).

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

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

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.

Derivative Work 85

Derivative Work Registration Copyright Public Domain 85

Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The right to create derivative works. Today, we will be talking about NFT non-fungible token licensing. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Copying Ownership 97

Patently-O

DECEMBER 11, 2023

Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. 4) Relatedly, the hostility that the FTC Comments express in relation to indemnification is puzzling.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market).

Fair Use 91

Fair Use Social Media Licensing Marketing 91

LexBlog IP

JULY 28, 2021

While the author of Market Mind Games: A Radical Psychology of Investing, Trading, and Risk may have hoped to obtain monetary damages, she will not be seeing billions. Specifically, Shull alleged that one of the show’s main characters, Dr. Wendy Rhoades, is an unauthorized derivative work based on her book. Read more.

Derivative Work 40

Derivative Work Television Copyright Infringement Marketing 40