Posts Tagged: "Derivative Works"

Copyright Office Affirms its Fourth Refusal to Register Generative AI Work

On December 11, the Review Board of the U.S. Copyright Office (USCO) released a letter affirming the USCO’s refusal to register a work created with the use of artificial intelligence (AI) software. The decision to affirm the refusal marks the fourth time a registrant has been documented as being denied the ability to obtain a copyright registration over the output of an AI system following requests for reconsideration.

Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. As an exception to the general law prohibiting copying others’ works, it permits copying for a limited and “transformative” purpose, such as commentary, criticism, teaching, news reporting, scholarship, or research. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves. Earlier this year, for example, the U.S. Supreme Court ruled on a landmark fair use case involving the “copying” of an Application Programming Interface (API).

California Court’s Finding of Fair Use for Nicki Minaj Affirms Public Benefit of Artistic Experimentation

In a ruling earlier this month, U.S. District Judge Virginia A. Phillips of the Central District of California granted partial summary judgment in favor of Onika Tanya Maraj, who performs rap under the stage name Nicki Minaj, resolving a copyright infringement dispute originally filed in 2018 by singer-songwriter Tracy Chapman over Minaj’s unauthorized use of Chapman’s 1988 single “Baby Can I Hold You.” In ruling that Minaj had established a fair use defense to Chapman’s copyright infringement claims, Judge Phillips affirmed the important role of experimenting with copyrighted works prior to licensing as a common practice within the recording industry.

Brains, Blood, Sweat, and Tears: Derivative Works and the Walking Dead Licensing Controversy

Three-time Oscar nominee Frank Darabont (The Green Mile; The Shawshank Redemption) brought the The Walking Dead TV show to life. He wrote, directed, and produced the pilot episode, and served as the showrunner and executive producer (often-synonymous positions) for its smash-hit first season. It was surprising then, when AMC suddenly fired Darabont while Season 2 was in production, and after sending him to promote the series at Comic-Con. Darabont sued in New York State Court in December of 2013, and recently amended his complaint to include the lack of accreditation and profits allegedly owed him from AMC’s “companion series,” Fear the Walking Dead.

Comic-Con Considerations: Cosplay, the Right of Publicity, and Copyright Concerns

For as much as Comic-Con is about comics, TV, and upcoming movies, it’s not hard to see that a large portion of its allure for fans is cosplay. Cosplay consists of fans who create and wear costumes and outfits based on their favorite characters in media, spanning all forms of entertainment but most notably, video games, comics, movies, and TV shows. Even though cosplay is about the characters, there are still normal people behind the armor (for a given value of normal), and these people all have their own right of publicity.