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. They illegally downloaded Destiny 2 in violation of the company’s licensing terms and willfully distributed copyright infringing code.

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Copyright Infringement Copyright Derivative Work Artwork 144

BYU Copyright Blog

JANUARY 10, 2022

In October, we reported that Post University, a for-profit university located in Waterbury, Connecticut, filed a complaint claiming copyright infringement, trademark infringement, violations of the DMCA, and related violations of law by online service provider Course Hero.

Copyright Infringement 98

Copyright Infringement Copyright Derivative Work Fair Use 98

Kluwer Copyright Blog

SEPTEMBER 11, 2023

It involves several IP rights, some of which overlap in some cases: copyright, trademarks, patents, trade secrets/confidential information, and the right of publicity (and similar rights with different names). Does the machine infringe when it produces a new “work”? Potential role of three-step test (Berne 9(2)/TRIPS 13) 2.

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IP Derivative Work Intellectual Property Art 124

CoCal IP Law Institute

AUGUST 5, 2021

On Monday, August 9, 2021, Chris Kopitzke will lead a discussion of the Copyright Office’s refusal to register the most recent version of the Golden Globe statuette, and the Trademark Trial and Appeal Board’s finding that evidence submitted to prove non-use of a trademark was insufficient to establish a prima facie case of abandonment.

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Derivative Work Trademark Copyright Registration 40

TorrentFreak

JULY 28, 2021

The plaintiffs believe that Ring-1 or those acting in concert with them fraudulently obtained access to the games’ software clients before disassembling, decompiling and/or creating derivative works from them. 504(c) ,” the complaint adds. Other Claims Against The Ring-1 Defendants.

Copyright Infringement 141

Copyright Infringement Copyright Derivative Work Social Media 141

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Trademark Non-Fungible Tokens Branding Brands 62

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” Barlow & Bear claim they got permission to use the “Bridgerton” trademark. Netflix disagrees.

Music 114

Music Derivative Work Fair Use Cease and Desist 114

Copyright Lately

MAY 6, 2022

trademark office records reveals that Viacom obtained rights in a broad array of TMNT marks after a highly-publicized purchase from the Mirage Group in 2009. Want to Create New Derivative Works? And a quick review of U.S. Again, this is all based on a quick review of publicly available records. (By

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Derivative Work Licensing Artwork Contracts 95

Technology & Marketing Law Blog

JULY 19, 2024

As part of a SAD Scheme case, she claims an Amazon seller infringed on her work. Here is the comparison: This looks like a derivative work to me. I note this is a copyright case instead of the more common SAD Scheme trademark claims. I saw 10 different SAD Scheme cases in her name). Would fair use apply? Emoji GmbH v.

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Derivative Work Blogging Fair Use Licensing 96

SpicyIP

SEPTEMBER 16, 2024

The Single Judge Bench (SB) consisting of Justice Sanjeev Narula made some intriguing observations regarding the trademarkability of the mark “Aashiqui” as a movie franchise and restraining its use by other entities. Does the Plaintiff Have a Trademark? Ameya Vinod Khopkar Entertainment (2020) over “De Dhakka”.

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Registration Television Trademark Trademark Law 105

SpicyIP

SEPTEMBER 4, 2023

SpicyIP Tidbit: CGPDTM Calls for Comments and Suggestions on Different IP Manuals and Guidelines The office of the Controller General of Patents, Design and Trademarks (CGPDTM) is inviting comments from stakeholders to revamp the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines. Deadline- October 15, 2023.

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Cease and Desist Patent Prosecution Trademark Derivative Work 105

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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Derivative Work Copyright Fair Use Copyright Law 59

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

Technology & Marketing Law Blog

MARCH 30, 2025

March 25, 2025) Anthropic previously agreed to maintain its guardrails designed to prevent “output that reproduces, distributes, or displays, in whole or in part, the lyrics to compositions owned or controlled by Publishers, or creates derivative works based on those compositions.”

Copyright 59

Copyright Publishing Copyright Infringement Licensing 59

IPilogue

DECEMBER 20, 2021

Although there are complexities—for example, exceptions preventing the reproduction of trademarks on useful articles and masks and jewelry potentially being subject to copyright —replicating costumes, for the most part, is a liability-free activity. Unfortunately, laws around fanfiction and fanart are not clear.

Copyright 122

Copyright Television Copyright Infringement Derivative Work 122

More Than Your Mark

AUGUST 27, 2021

Here’s an easy guide to understanding the differences between copyright, patent, and trademark. Copyrights protect creative works. Whether it’s a book, a piece of music, a sculpture, an architectural drawing, a movie, a fashion design, or even this very article, the intellectual property right in the work itself is a copyright.

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Intellectual Property Trademark Copyright Patent 52

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

While Brexit created many questions and dilemmas that took years to sort out, for trademark attorneys the primary question was always: “What will become of UK protection for EU trademark registrations?” The message behind these increases appears to be: do not take up the TTAB’s time unless you really mean it.

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Public Domain Trademark Copyright Registration 52

Intepat

OCTOBER 23, 2024

Copyright law primarily focuses on the economic rights of creators, granting them exclusive control over the use and distribution of their works. These rights include reproduction, distribution, public performance, and the creation of derivative works.

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Moral Rights Copyright Intellectual Property Copyright Law 52

Kluwer Copyright Blog

JUNE 16, 2021

Second, if the person who does the remastering wishes to obtain copyright, they should not limit themself to contributions that are too mechanical or minimal, as the latter would be unlikely to be considered original derivative works. 2018 New York University Law Review, p. by Tito Rendas. € by Martin Senftleben. €

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Music Copyright Law Copyright Law 98

LexBlog IP

MARCH 22, 2023

The US Copyright Office also noted that this stance does not prevent content creators from claiming copyright for derivative works based on material generated by an AI system. You, as the user, retain control over your derivate work created with an AI system. Have a question about obtaining a copyright?

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Derivative Work Copyright Copyright Law Technology 52

IPilogue

SEPTEMBER 13, 2022

Netflix argued that this is a direct violation of US copyright law , which provides that only copyright holders have the exclusive right to monetize and create derivative works of their IP. The song writing duo seemed to have crossed the line when they began profiting off the Bridgerton brand.

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Social Media Music Intellectual Property Content Creation 104

BYU Copyright Blog

AUGUST 11, 2022

In particular, Hudson-McKinney argued that the teaching materials were created as a derivative work without the proper permission of the owner of the copyright in the underlying neurology textbook. The Reply claimed that the plaintiff had defrauded the U.S.

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Derivative Work Copyright Copying Reporting 52

LexBlog IP

APRIL 25, 2023

History suggests the law will split inventorship down the middle and grant rights to those “portions” of an invention or copyrightable work that were created by a human, and avoid granting protection to the “portions” that were AI-generated. Copyright law does this well with the protection of derivative works.

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Derivative Work Invention Copyright Law Copyright 52

Kashishipr

JUNE 16, 2021

Theft of Trademarks: Trademark Infringement ensues when a third party makes unwarranted use of a mark in commercial parlance, usually about similar or competing goods, by affixing a mark that is identical or similar to the registered trademark. The act is pursued to deceive or confuse consumers as to the origin of those goods.

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Intellectual Property IP Confidentiality Registering Trademarks 98

Velocity of Content

MARCH 16, 2023

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. Almost as interesting is the trademark/Lanham Act claim.

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Litigation Fair Use Copying Derivative Work 98

The IPKat

JUNE 27, 2022

Moreover, between May and July 2021, Yuga Labs filed trade mark applications before the United States Patent and Trademark Office (still pending at the time of writing) for several marks, including BORED APED YACHT CLUB and BAYC. Yuga Labs, therefore, still owns the copyright in each NFT.

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Non-Fungible Tokens Contracts Copying Art 135

BYU Copyright Blog

OCTOBER 25, 2021

a 501(c)(3) organization created to solicit and manage resources on behalf of Louisiana Tech University ("LTF"), alleged that a Florida corporation, Bel-Mac Roofing ("Bel-Mac"), violated numerous federal and Louisiana state laws by infringing copyright and trademark rights LTF has in the logo for Louisiana Tech's Bulldog mascot.

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Derivative Work Advertising Advertising Intellectual Property 52

LexBlog IP

NOVEMBER 29, 2023

The court in this new decision rejected as “nonsensical” the plaintiffs’ argument that large language models (or LLMs) “are themselves infringing derivative works,” holding that “[t]here is no way to understand the [LLMs] themselves as a recasting or adaptation of any of the plaintiffs’ books.”

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Derivative Work Copyright 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.

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Fair Use Derivative Work Copyright Law Art 52

Intepat

MAY 24, 2023

TYPES OF IP CONTRACTS (1)INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT The process of facilitating the transfer of ownership rights for various forms of intellectual property, such as copyrights, trademarks, patent, trade secrets, and other intangible creations is known as an intellectual property assignment.

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Intellectual Property Contracts Ownership Invention 98

Kluwer Copyright Blog

NOVEMBER 8, 2021

” 3) Derivative works: the Adventures of Koons and Tintin in French copyright law by Brad Spitz. “ Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). here and here).

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

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. .”

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Fair Use Art Licensing Derivative Work 40

BYU Copyright Blog

MAY 20, 2024

Post University claimed that Course Hero committed, among other things, multiple instances of copyright infringement, trademark infringement, violation of the DMCA, and unfair competition by posting and creating derivative works of educational materials owned by Post University without Post University's permission.

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Derivative Work Copyright Notice Settlement Ownership 52

Kashishipr

NOVEMBER 17, 2021

Each work has various rights, such as theatrical rights, distribution rights, rental rights, broadcasting rights, rights related to adoption and translation, rights to prepare derivative works, and so on, each of which can be exploited separately. These rights can be disjointedly assigned for a limited term or perpetually.

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Copyright Ownership Licensing Intellectual Property 105

Kashishipr

JULY 13, 2022

In the AR field, however, more IP disputes are likely to occur concerning trademark, copyright, public display, and performance, where articulating and defending against infringement matters is always more art than science. Trademarks. Issues concerning trademarks and unfair competition in the AR field shall be even more diverse.

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Intellectual Property IP Copyright Infringement Copyright 72

The IPKat

OCTOBER 1, 2022

Moreover, if the original design from the archive itself is an original work under copyright law, the archival editions of the “Ciao, Kim” Dolce & Gabbana Spring/Summer 23 collection might be thought of as derivative works, already within the scope of the designers’ rights. As in the U.S., see this chapter.)

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Copying IP Copyright Law Designs 97

Technology & Marketing Law Blog

JANUARY 12, 2024

Instead of asserting copyright and trademark claims, they tried trespass to chattels. Google’s reproductions of Plaintiffs’ websites, which necessarily vary in appearance on users’ screens, can be recognized as an act of “prepar[ing]” “derivative works.” My angst-filled blog post on that ruling. mobile device screen.”

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Copying Ownership Derivative Work Contracts 98