LexBlog IP

AUGUST 31, 2021

Copyright ownership is often referred to as a “bundle of rights.” ” “Derivative Works” are exactly what they sound like – new copyrightable works of art based on some pre-existing material. First and foremost, grant third-parties the right to create derivative works sparingly.

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The IPKat

JULY 27, 2021

The US Copyright Office concluded that the logo was a derivative work of the Oscar statuette and did not possess the requisite authorship to sustain a (self-standing) claim to copyright. It was also found that that as a whole, the elements making up the work were “more mechanical and inevitable than creative and original”.

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Kluwer Copyright Blog

JANUARY 16, 2024

106, et seq): the plaintiffs never authorized Meta to make copies of their works and derivative works, publicly display copies (or derivative works), or distribute copies (or derivative works) during the training process of the LLaMA language models. Vicarious Copyright Infringement (17 U.S.C. §

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TorrentFreak

JANUARY 17, 2024

The court considered that the edited video contained a discriminatory message, and in its reasoning referred to the interpretation guidelines provided by the Court of Justice of the European Union.” “Accordingly, an act containing a discriminatory message cannot be considered a permitted parody,” TTVK reports.

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Velocity of Content

JUNE 8, 2022

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. Barrie conceives of the character and refers to him in newly-written poems.

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JD Supra Law

FEBRUARY 9, 2024

20, 2023) (commonly referred to as Silverman v. Notably, Judge Vince Chhabria’s order granting the motion to dismiss rejected the theory that generative language models can themselves constitute infringing derivative works as. Meta Platforms, Inc. 2023 WL 8039640 (N.D. By: Farella Braun + Martel LLP

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43(B)log

FEBRUARY 16, 2022

For example, Apple did not attempt to explain how slowing down the execution of its code using CORSEC created an infringing derivative work or unauthorized copy, any more than slowing down video playback would. 101 (derivative works “represent an original work of authorship”); L. Lewis Galoob Toys, Inc.

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Plagiarism Today

SEPTEMBER 28, 2022

Gibson, the creator of The Shadow, referred to Batman as a “clowned-up version of The Shadow.”. Though the Copyright Act of 1909 did protect derivative works, the doctrine of invisibility made it so that you needed the “copyright proprietor”, or the owner of the entire copyright, to file the lawsuit.

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Kluwer Copyright Blog

SEPTEMBER 11, 2023

Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Potential role of three-step test (Berne 9(2)/TRIPS 13) 2. For reproduction: traditional analysis b. Can the machine be an author? Doesn’t protect style E.

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IP Derivative Work Intellectual Property Art 116

Plagiarism Today

DECEMBER 1, 2021

Mr. Beast makes it abundantly clear at multiple points in the video that his work is based on Squid Game , and he repeatedly references the show throughout. The source of the work was very heavily cited throughout. For those trying to create original works, it raises the question: Why bother? Why Bother?

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TorrentFreak

MAY 11, 2023

’s use of cheat software modified Destiny 2 and led to the creation of an unauthorized derivative work. had no permission from Bungie, that amounts to an unauthorized derivative work. In common with other lawsuits against cheaters, Bungie says that L.L.’s Bungie says that each time L.L. ’s license.

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The IP Law Blog

MARCH 14, 2024

The Court noted that the Copyright Act “grants the copyright holder exclusive rights to (1) `reproduce the copyrighted work and copies;’ (2) `prepare derivative works;’ and (3) `distribute copies of the copyrighted work to the public’.”

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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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TorrentFreak

SEPTEMBER 7, 2021

However, the channel the ‘reference video’ was uploaded to has none of these qualities, the defendants say. “Viewing a transmission – whether it be Triller’s April 17, 2021 transmission of the Broadcast, the Reference Video or the 4/22/21 Podcast – does not constitute copyright infringement. Fair Use Defenses.

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Copyright Fair Use Copyright Infringement Copying 137

The IPKat

JULY 2, 2021

For the “All-In” class, their cinematic expectations are framed wholly by reference to the underlying novel. Even if so, for the “All-In” group, the movie, as a derivative work, remains tethered to the literary work. view) such derivative works. How different it is with the “Well, Maybe” class.

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TorrentFreak

OCTOBER 17, 2024

Therefore, the software creating an unauthorized derivative work. Sony’s subsequent appeal to the Bundesgerichtshof (Federal Court of Justice) led to a stay in proceedings while questions were referred to the Court of Justice of the European Union (CJEU) for a preliminary ruling.

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TorrentFreak

SEPTEMBER 28, 2023

To bolster their argument, the authors refer to a recent ruling in a Thomson Reuters lawsuit, which also deals with AI-related copyright claims. In that case, the court rejected the fair use argument and referred the matter to trial. .” Given that, OpenAI’s arguments regarding fair use are wholly misplaced.

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Fair Use Copyright Copyright Infringement Derivative Work 126

Kluwer Copyright Blog

JUNE 16, 2021

The defendants argued that such term refers to both the elements taken from the song ‘I Lived’ and the ‘Arty Elements’, i.e. the composition that underlies the remix. Absent either of these, they will likely be unable to invoke any copyright over their derivative works under US copyright law. by Tito Rendas. €

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The IPKat

JANUARY 5, 2023

In 2018, the Court of Appeal ruled that Zorro is a protected fictional character and its alleged parody in the advertisement would be prohibited given that: Italy did not expressly transpose Article 5(3)(k) when it implemented the InfoSoc Directive into its legal system; and A parody requires in any case a creative re-elaboration of an earlier work.

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

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Copyright Lately

MAY 6, 2022

Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes. You Should Probably Read The License.

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Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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The IPKat

SEPTEMBER 14, 2023

While waiting to see the actual questions referred to the CJEU, I thought that IPKat readers might be interested in this short preview from the second edition of Copyright and the Court of Justice of the European Union (Oxford University Press), which is going to be released on 5 October.

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Copyright Derivative Work Copyright Law Law 91

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI?

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Kluwer Copyright Blog

MAY 9, 2022

Vanity Fair contacted Lynn Goldsmith’s licensing agency in search of a photograph of that performer to serve as an artist reference. 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.

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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.

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Velocity of Content

NOVEMBER 25, 2024

It is clear that AI is built on a foundation of immense works of authorship, many of which are protected by copyright. 7 When copyrighted works are used, AI systems typically make copies of the works to train and power AI outputs. Other nations tend to use the Berne Convention language and refer to adaptation and translation.

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Copyright Derivative Work Intellectual Property Copying 52

IP and Legal Filings

MAY 15, 2024

It includes reproduction, the preparation of derivative works, distributing copies by sale or rental, and public performance or display. References. Main Blog Unlicensed use of any content registered under the Copyright Act, 1957 , violates the exclusive rights of the owner and amounts to copyright infringement.

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LexBlog IP

MAY 18, 2023

In 1981 Andy Warhol used a photograph made by Lynn Goldsmith as reference for an illustration of the musician Prince. The license stated her photograph could be used for reference, “one time only.” Underlying the Court’s decision is the copyright owner’s exclusive right to prepare derivative works.

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Fair Use Derivative Work Licensing Copyright 52

The IPKat

SEPTEMBER 24, 2023

The problem is not human, but the work In fact, the whole issue is not about a person, but about a work. Just as when two painters, setting up their easels in the same place and painting the same landscape, create two independent works (p. 17) However, even the drafters of the Convention were not able to fully reflect this.

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IP and Legal Filings

MAY 3, 2024

Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works. These rights generally include the rights to reproduce, distribute, perform, publish and create derivative works.

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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? The United States.

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IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

FEBRUARY 14, 2024

District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivative work.”

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Copyright Derivative Work Copyright Infringement Copying 52

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. copyright law.

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SpicyIP

SEPTEMBER 4, 2023

Considering that cause of action is a matter of fact, the court held that if the same has been pleaded even without specific reference to the relevant provision (here Section 20 of the CPC), the suit will be maintainable. DLT Global v.

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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Fair Use Derivative Work Copying Licensing 52

Kluwer Copyright Blog

JULY 24, 2024

There was almost no reference to ownership of training data that had come from parties other than the contractual partners. Did model providers undertake content moderation (e.g. prompt filtering) to try to reduce the risk of copyright infringement in outputs? Question 1 gave inconsequential results re inputs.

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