Kluwer Copyright Blog

MAY 9, 2022

Vanity Fair decided to publish an article about the rock singer Prince in a 1984 magazine. Vanity Fair then commissioned Andy Warhol to prepare an art work of Prince to accompany the article and supplied him with the Goldsmith photograph as a source material. The Court will review that decision in the fall of 2022.

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JIPEL Copyright Blog

APRIL 28, 2021

Sites like AO3 provide fanfiction authors with a forum to publish their works, as well as huge audiences from around the world to consume them for free. 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. §

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Velocity of Content

MARCH 16, 2023

This article was originally published in The Scholarly Kitchen. It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. is being used as code. Case 2- Anderson, et al.

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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. It’s also far more likely that major publishers and studios have timely registered their works, entitling them to statutory damages.

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Blogging Fair Use Copyright Infringement Copyright 136

Copyright Lately

NOVEMBER 8, 2022

Following a twenty-year hiatus that ended in 2019, a new crop of works has entered the U.S. In 2023, this will include all works first published in 1927. Note that works remain protected until the end of the calendar year. Extending Rights in Public Domain Works. public domain each year on January 1.

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Public Domain Derivative Work Copyright Social Media 145

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 102

Music Derivative Work Fair Use Cease and Desist 102

Copyright Lately

AUGUST 25, 2023

For purposes of a copyright registration, “unclaimable material” has historically included four types of material: Previously published material. Strike or no strike, no one wants to spend millions of dollars to produce and market a work that they can’t fully protect. What is Unclaimable Material?

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The IPKat

JANUARY 25, 2022

The cover provides the requisite information—title, author, and publisher. Indeed, it is Benjamin's notion of the aura, where each work of art has its own unique setting, which underscores just how derivative its use is when applied to a book cover. But it also includes the reproduction of a portrait of a young woman.

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Art Artwork Copying Moral Rights 133

The IPKat

MARCH 22, 2024

Taylor however retained the copyrights over the compositions she created, enabling her to (re-)publish the music independently. Her publisher Universal Music released a compilation album including songs she did not approve, while she also objected to the way the songs were edited.

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Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

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Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

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Copyright Public Domain Art Moral Rights 101

Technology & Marketing Law Blog

JANUARY 17, 2024

The plaintiff gets an expensive lesson in the law of derivative works. * * * UIRC offers bonds using a private placement memorandum (PPM) and an indenture of trust. West Publishing (not cited by this court). William Blair appeared first on Technology & Marketing Law Blog. See, e.g., White v. See also Prof.

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Copyright Copying Copyright Infringement Editing 48

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. 277 (2020). [iv]

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Copyright Infringement Copyright Intellectual Property Blogging 98

Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). To facilitate the process of TDM, data is the key.

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Copyright Derivative Work Music Designs 72

IP Intelligence

JUNE 7, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. at 1289 (Gorsuch, concurring) (emphasis added).

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Fair Use Licensing Music Art 105

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.

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Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. For investors, copyright has become a currency; users struggle with rights clearance (or ignore rights altogether); creators seek ever new ways to the market.

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Copyright Public Domain Marketing Marketing 52

More Than Your Mark

AUGUST 27, 2021

Only the copyright owner has the right to make copies, distribute copies, perform, display, or make derivative works of the copyrighted work. A copyright lasts for the life of the author plus 70 years (for works made for hire, 95 years from when they are first published).

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Intellectual Property Trademark Copyright Patent 52

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.

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Fair Use Derivative Work Blogging Licensing 97

Technology & Marketing Law Blog

OCTOBER 19, 2021

The court says the plaintiffs sufficiently alleged “functional disruption” by claiming that Google’s ads “obscured and blocked their websites, which if true, would interfere with and impair their websites’ published output. Google appeared first on Technology & Marketing Law Blog. First Amendment.

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Kluwer Copyright Blog

AUGUST 13, 2023

It imposes legislative obligations at all stages of the lifecycle of an AI system, from: training, testing and validation; to conformity assessments; risk management systems; and post-market monitoring. The plaintiffs are authors of books, who, as per US copyright law, have registered copyrights in the books they published.

Copyright 98

Copyright Derivative Work Copying Copyright Infringement 98

LexBlog IP

JUNE 7, 2023

“Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. ” Id. ” Id.

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IP Intelligence

JUNE 6, 2023

Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.” Evidence that Goldsmith actually used the work in a particular context. at 1289 (Gorsuch, concurring) (emphasis added).

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Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. How are photographers supposed to get the attention of those publishers without displaying samples of their work?

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Blogging Copying Social Media Copyright 97

Art Law Journal

JUNE 30, 2022

More importantly, because the work must be tangible, that also means that an idea can’t be copyrighted , only the execution of that idea. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school. That’s an idea for a story.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

43(B)log

FEBRUARY 3, 2023

MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers. Q: why not assume that Disney, like the music publishers, would send individual creators to front for them? 1993 hearing, transcript not public before.

Copyright 57

Copyright Copying Music Fair Use 57

Art Law Journal

JUNE 30, 2022

More importantly, because the work must be tangible, that also means that an idea can’t be copyrighted , only the execution of that idea. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school. That’s an idea for a story.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

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. 3] Regardless of the creative level of a work, copyright comes with limitations. A film based on a book serves as an example.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

APRIL 15, 2024

As the worlds of GenAI and copyright collide, the issue before us is whether the use of copyrighted works through TDM for the training of GenAI amounts to copyright infringement? The court in Warhol identified that the primary question is not about how the derivative work is different from the original work. Google Inc.

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

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.

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Patently-O

DECEMBER 11, 2023

Copyright Office published a Notice of inquiry (“NOI”) and request for comments, Artificial Intelligence and Copyright, Docket No. In our view, the FTC plays a vital role in keeping markets open and honest, and we have long been admirers of the intelligence and energy that the agency brings to that task.

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Copyright Fair Use Copyright Law Copyright Infringement 95

LexBlog IP

OCTOBER 25, 2023

Dorland alerted publishers, writing conferences, and journalists to what she considered Larson’s plagiarism and ethical betrayal. While those writing non-fiction and publishing research have very specific obligations that can be laid out in detail, for example , such is not the case for fiction writers.

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Copyright Social Media Plagiarism Fair Use 52

43(B)log

SEPTEMBER 7, 2023

Gannett derives revenue from the Ad Meter Platform, which included its own advertisement and sponsorship revenue. Each publisher defendant separately determined which content it accessed on Presto to use for its websites and in its publications; their webpages that included the screenshot of the Sowers photo would have displayed ads.

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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.” VHT licenses the individual photos themselves, not the database, and the database itself is not published.

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Kluwer Copyright Blog

NOVEMBER 8, 2021

17 of the Directive on Copyright in the Digital Single Market (DSM Directive). ” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. ” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. here and here). .

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Blogging Non-Fungible Tokens Law IP 52

Kluwer Copyright Blog

JUNE 7, 2023

is non-alienable and, therefore, is still very beneficial to authors, despite its evident shortcomings (such as the exclusion of “works for hire” and derivative works, as well as the requirement of notice from the author to effect the termination rights). By contrast, the 35-year termination right in the U.S The IPO, in Prof.

Contracts 52

Contracts Derivative Work Intellectual Property Music 52

SpicyIP

SEPTEMBER 4, 2023

A Look at the Revised Patent Prosecution Timelines in the Draft Patent Amendment Rules The Draft Patent (Amendment) Rules, 2023 were recently published in the Gazette of India, with public comments invited by September 22. Other Posts The Times They Are a-Changin’? Dabur India Ltd. Bhandari.

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