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]. 2] Eriq Gardner, Netflix Settles‘Enola Holmes’ Lawsuit With Conan Doyle Estate , The Hollywood Reporter (Dec.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

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

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

NOVEMBER 8, 2021

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. 17 of the Directive on Copyright in the Digital Single Market (DSM Directive). Top 3 Kluwer Copyright Blog posts.

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

Kluwer Copyright Blog

JULY 24, 2024

Yet especially in the business-to-consumer or “B2C” context, these ToS have often been reviled as largely unread, not understood, and creating an abusive relationship of imbalance of power in monopolistic or oligopolistic markets. in Europe through the Copyright in the Digital Single Market Directive and the Digital Services Act ).

Copyright 130

Copyright Ownership Social Media Licensing 130

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners. And in February 2022, Nike, Inc.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

Plagiarism Today

DECEMBER 1, 2021

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. For those trying to create original works, it raises the question: Why bother? To be clear, no one is punishing original works. Why Bother?

Plagiarism 245

Plagiarism Derivative Work Copying Licensing 245

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 81

Derivative Work Registration Copyright Public Domain 81

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. As well as ISAWITFIRST, Love Island has 9 sponsors this year and it’s been reported that each brand was asked to pay at least £100,000 to be affiliated with the show.

IP 86

IP Branding Brands Branding 86

LexBlog IP

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. Those statistics show increasing awareness of the NFT market and likely some FOMO (or “Fear of Missing Out”) on the part of brand owners.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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. As such it could be argued that it has no direct impact on the market for the original by allowing an AI to hear or see a copy to be able to create by training its algorithm.

Music 70

Music Copying Social Media Derivative Work 70

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

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

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. Goldsmith’s photos).

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Copyright Lately

DECEMBER 24, 2023

The defendants’ use of the tattoo—”part of a visual and auditory compilation depicting the public’s overwhelming fascination with and reaction to Joe Exotic in the early days of the pandemic”—qualified as criticism, comment, or reporting and was therefore quintessential fair use.

Copyright 106

Copyright Copyright Infringement Music Fair Use 106

The IPKat

SEPTEMBER 14, 2023

Pastiche Kat Earlier today, The IPKat reported on the new referral to the Court of Justice of the European Union (CJEU) in the Pelham saga, this time concerning the notion of ‘pastiche’.

Copyright 90

Copyright Derivative Work Copyright Law Law 90

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

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.

Fair Use 93

Fair Use Licensing Copying Artwork 93

Kluwer Copyright Blog

MAY 9, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

Copyright 135

Copyright Copyright Law Fair Use Law 135

The IPKat

OCTOBER 1, 2022

market of the dress, but, without the tag and its associated stamp of historical authenticity, a knockoff teddy corset dress does not support a consumer’s participation in the Dolce & Gabbana story. Marketing a design as iconic might support as much as undermine secondary meaning. In this negative space of copyright law in the U.S.,

Copying 97

Copying IP Copyright Law Designs 97

LexBlog IP

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. The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

Section 107 of the Copyright Act provides that “fair use of a copyrighted work. for purposes such as criticism, comment, news reporting, teaching. The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

43(B)log

SEPTEMBER 7, 2023

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). Instead, Campbell argued that she intended to prohibit further sublicensing. Amount: the whole photo.

Advertising 59

Advertising Advertising Copyright Infringement Publishing 59

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

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 126

Copying Non-Fungible Tokens Contracts Copyright 126

TorrentFreak

SEPTEMBER 7, 2021

Triller said that the operators of the H3 Podcast “unlawfully uploaded, distributed, and publicly displayed” the fight in breach of its rights, causing damages in excess of $50,000,000 after the “unauthorized broadcast” was viewed a reported 1,000,000 times.

Copyright 125

Copyright Fair Use Copyright Infringement Copying 125

Copyright Lately

APRIL 19, 2022

Nation Enterprises boldly proclaimed that the effect of the use upon the potential market for or value of the copyrighted work was “undoubtedly the single most important element of fair use.” But this problem can be avoided so long as judges are discerning about distinguishing between legitimate markets from speculative ones.

Fair Use 79

Fair Use Art Copyright Derivative Work 79

SpicyIP

MAY 23, 2024

Eastern Indian Motion Pictures , ruled that under Section 17(b) and 17(c), Copyrights Act, 1957, once an original work becomes a part of a cinematograph film, the rights of the authors of underlying original work no longer subsist. The European system views every creative work inalienably as an extension of author’s personality.

Music 59

Music Licensing Copyright Moral Rights 59

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 86

Music Copyright Copying Copyright Law 86

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Miramax LLC v.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

FEBRUARY 4, 2023

But socially valuable innovations can be difficult to marketize/commodify. Music sampling: the tapestry/raw materials of early hip-hop practice make those kinds of works works assets that can’t attract investment. The solution they’re working on is not shared in most cases, so it would be hard to find intent to merge.

Copyright 64

Copyright Editing Settlement Music 64

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” Copyright Office, Annual Report of the Register of Copyrights, Fiscal Year Ending September 30, 2008 , at 12–13 (2008). Factual and Procedural Background. 3d 1194 , 1196 (9th Cir.

Registration 90

Registration Blogging Copyright Design 90

Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copy­righted work publicly,” and “to display the copyrighted work publicly.”

Blogging 98

Blogging Copying Social Media Copyright 98

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. He is the reported operator of Lavicheats.com. Bungie says the defendants infringed its rights in multiple ways.

Copyright Infringement 144

Copyright Infringement Copyright Derivative Work Artwork 144

TorrentFreak

OCTOBER 10, 2023

Responding to a request from the Office of the US Trade Representative (USTR), the music group added “AI Vocal Cloning” as a new category in its annual overview of ‘notorious’ piracy markets. Voicify.ai The music group sees vocal cloning websites as a broader problem, but mentions just one service by name; Voicify.ai.

Reporting 123

Reporting Government Music Derivative Work 123

43(B)log

FEBRUARY 16, 2024

There’s no way to explain what the Clay work does through aesthetics, and likewise no way to explain Sherrie Levine’s After Walker Evans. Conceptual work is beneath the surface of the work. Court’s assumption that there is an objective meaning of a work. Magazine photos about Prince” is the market in which they compete.

Derivative Work 59

Derivative Work Fair Use Art Marketing 59

LexBlog IP

JULY 21, 2021

As that report noted: The study’s most conservative estimate.takes into account only the revenues of faith-based organizations, [and] is $378 billion annually … By way of economic perspective, this is more than the global annual revenues of tech giants Apple and Microsoft combined.Our second mid-range estimate. ” Id.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52