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Other Barks & Bites for Friday, July 21: Second Circuit Says Derivative Works Can Cover Unregistered Material, Surrey Hotel Trademark Not Conveyed by Sale, and 9,000+ Authors Ask for Generative AI Compensation

IP Watchdog

This week in Other Barks & Bites: government officials from the European Union and United States celebrate a milestone for the EU-U.S.

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Copyright Liability for LLM Outputs

Velocity of Content

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

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Golden Globe statuette 2018 denied copyright protection in the US

The IPKat

Long time readers of the IPKat may remember a while back, when the Academy logo (featuring the Oscar statue silhouette) was denied copyright registration. 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.

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Judge Recommends Approving “New” Phanatic Mascot Despite Termination

Copyright Lately

In a 91-page report and recommendation, a magistrate judge finds that the new version of the Philadelphia Phillies’ mascot falls within the “derivative works exception” to copyright termination. The law permits the owner of a derivative work prepared before termination to continue using that new work even after termination.

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U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

Supreme Court held 6-3 that the Ninth Circuit erred in invalidating a copyright registration for failure to comply with the Copyright Office’s “single unit of publication” regulation, where the copyright owner had knowledge of the facts but arguably misunderstood the legal standard. Legal Background: Registration. Unicolors, Inc.

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Court Rules Lego Creation Based on Religious Texts is Eligible for Copyright Protection

The IP Law Blog

The plaintiff owns copyright registrations for its Second Holy Temple Product and its photograph of its Second Holy Temple Product (the “Copyright Registrations”). Under the Copyright Act of 1976, a copyright registration creates a rebuttable presumption that the copyright is valid.

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Copyright Office Affirms its Fourth Refusal to Register Generative AI Work

IP Watchdog

Copyright Office (USCO) released a letter affirming the USCO’s refusal to register a work created with the use of artificial intelligence (AI) software.

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