TorrentFreak

OCTOBER 17, 2022

In some cases, it refers to little more than advanced algorithms, but complex self-learning computer systems with human-like traits are actively being developed as well. The algorithm masters your track with the same RMS, FR, peak amplitude and stereo width as the reference song you choose,” Songmastr explains.

Music 141

Music Copyright Derivative Work Copying 141

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”.

Derivative Work 122

Derivative Work Copyright Registration Designs 122

Plagiarism Today

JANUARY 3, 2022

2: SoundExchange Royalties Dispute with Music Choice to be Referred to Copyright Royalty Board. For works published before 1978, that is 95 years after publication meaning that works from 1926 expired into the public domain at the start of the year. They are free of copyright.

Public Domain 204

Public Domain Music Derivative Work Licensing 204

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.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

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.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

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.

Copyright 125

Copyright Derivative Work Fair Use Reporting 125

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.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Plagiarism Today

AUGUST 29, 2022

To that end, most have adopted an “author pays” system, where the author(s) pay for an article processing charge (APC), commonly referred to as a publication fee. In short, by changing who pays for the publication, Open Access journals make work available to everyone. Open access journals have to find some way to recoup those costs.

Journalism 236

Journalism Derivative Work Publishing Licensing 236

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.

IP 115

IP Derivative Work Intellectual Property Art 115

The IPKat

OCTOBER 28, 2024

Turning to the core of the referral – that is any national competence to set reciprocity clauses under Berne – the CJEU noted that: Both ‘work’ and ‘author’ in the InfoSoc Directive are autonomous concepts of EU law, given that no reference is made to national law in either respect.

Art 128

Art Derivative Work Copyright Law 128

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.

Copyright Infringement 102

Copyright Infringement Copyright Derivative Work Marketing 102

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.

Fair Use 52

Fair Use Derivative Work Licensing Copyright 52

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?

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

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

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.”

Copyright 52

Copyright Derivative Work Copyright Infringement Copying 52

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’.”

Derivative Work 112

Derivative Work Copying Copyright Infringement Copyright 112

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.

Derivative Work 67

Derivative Work Copyright Publishing 67

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 52

Fair Use Art Licensing Derivative Work 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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 22, 2023

” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.” Photographer Lynn Goldsmith photographed Prince for Newsweek , when the now-iconic musician was still only an “up and comer.”

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

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.

Copyright 90

Copyright Derivative Work Copyright Law Law 90

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.

Derivative Work 131

Derivative Work Contracts Copyright Infringement Licensing 131

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.

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

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.

Plagiarism 206

Plagiarism Copying Publishing Derivative Work 206

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]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

MAY 19, 2023

.” The Court noted that the “bundle of exclusive rights” granted to a copyright holder includes rights to produce “derivative works.” ” Justice Kagan dissented (joined by Chief Justice Roberts) beginning with: “Today, the Court declares that Andy Warhol’s eye-popping silkscreen of Prince.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

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.

Fair Use 111

Fair Use Copyright Copyright Infringement Derivative Work 111

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

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.

Licensing 92

Licensing Intellectual Property Ownership IP 92

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

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. €

Music 98

Music Copyright Law Copyright Law 98

Velocity of Content

NOVEMBER 12, 2024

Understanding AI: Beyond Simple Computation At its core, AI refers to computer systems designed to perform tasks that typically require human intelligence. It is a complex system that has preserved transformed versions (in copyright terms we call this a derivative work) of all its training data.

Derivative Work 52

Derivative Work Copyright Fair Use Music 52

LexBlog IP

MARCH 14, 2024

” To allege a valid copyright infringement claim, a plaintiff must show that: (1) that he or she owns a valid copyright; and (2) that the defendant “copied aspects of his [or her] work.” The Court began by noting that “while it may be unlawful to recreate another’s work (e.g.,

Derivative Work 52

Derivative Work Copying Copyright Infringement Copyright 52

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.

Fair Use 103

Fair Use Copyright Privacy Copying 103

LexBlog IP

JUNE 5, 2023

Such pro­tection includes the right to prepare derivative works that transform the original.” “[A]n overbroad concept of transformative use, one that includes any further purpose, or any different character, would narrow the copyright owner’s exclusive right to create derivative works. ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

LexBlog IP

SEPTEMBER 28, 2023

They argued that Plaintiffs have not explained how ChatGPT’s outputs are substantially similar to Plaintiffs’ works. It is not enough for the output to merely be “based upon” another work, Open AI argued.

Fair Use 52

Fair Use Derivative Work Copying Copyright Infringement 52