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Derivative works meaning

What does Derivative works mean?
In legal practice, derivative works describes new works that re-use pre-existing copyright content by adapting, translating, arranging, compiling or otherwise transforming it—for example anthologies and compilations, legal textbooks that quote or summarise sources, or a film made from a novel. In England & Wales, Scotland and Northern Ireland (CDPA 1988) and in Ireland (Copyright and Related Rights Act 2000), derivative work is not a defined term, but the law regulates closely related acts such as making an adaptation (including translations, arrangements and dramatisations) and protects compilations and databases. The new work must contain original expression (the author’s own intellectual creation); originality may lie in the selection or arrangement. Copyright can subsist separately in the new material without displacing the underlying copyright. Creating or exploiting a derivative work usually requires the right holder’s permission or licence for any substantial part used, and often multiple clearances (e.g. book, music, script and performers’ rights for a film adaptation). Limited exceptions may apply, such as fair dealing for quotation, criticism or review, reporting current events, research, parody, or licensed educational use. Usage and practical analysis are broadly consistent across the UK and Ireland.
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NEWS
US class action against Google over Imagen AI: artists allege unlawful training on LAION-400M and derivative work infringement; Google argues training on publicly available data is fair use.

The artists' complaint Filed in California federal court on 3 May 2024, the artists’ lawsuit focuses on Imagen, a text‑to‑image diffusion system that employs machine learning to create pictures from user prompts. Comparable legal actions have been brought against other artificial intelligence (AI) firms, this appears to be the first aimed at Google LLC’s iteration, their counsel told Law360 on 29 April 2024. Matthew Butterick, one of the solicitors for the artists, stated on 29 April 2024 that the pleading outlines another episode of a multi‑trillion‑dollar technology giant opting to train a commercial AI tool on others’ copyrighted material without consent, attribution or payment. The claim asserts that Imagen is trained by duplicating an enormous volume of digital images and extracting protected expression from those works. The artists said it relies on a dataset assembled by the non‑profit Large‑scale Artificial Intelligence Open Network, or LAION. They added: during model training, the images in the dataset are copied in their entirety and wholly absorbed by the system, such that protected...

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NEWS
High Court of England and Wales determines Venom artwork and logo authorship, finds mutual infringement, and requires clarification of the infringement period

The High Court found that lead vocalist and bass player Conrad Lant and drummer Anthony Bray both owned copyright in artistic works that the 1980s band used to sell its music and appeared to have infringed each other's rights with merchandise sales. High Court Recorder Amanda Michaels said there was no indication that Mr. Lant permitted the defendants to exploit his copyright works, nor that Mr. Bray granted Mr. Lant permission to use his own creations. Lant and Bray both played in Venom from 1979 to 1986. Afterwards, Bray licensed Plastic Head Music Distribution Ltd to market merchandise featuring identified artistic works, while Lant licensed Razmataz.com Ltd to carry out similar sales, with each musician challenging the other’s licensing moves, according to the judgment. The singer says he created six artistic works; Plastic Head countered that Bray authored and owned them, or alternatively that the pieces were so derivative they failed to meet the threshold for copyright protection, the ruling records...

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NEWS
US FDA calls for Congress to legislate a regulatory regime for hemp-derived CBD; warns on safety; DEA considering cannabis rescheduling; current food and supplement frameworks inadequate

FDA Commissioner Dr Robert Califf delivered his comments during a five-hour appearance before the US House of Representatives Oversight Committee, which ranged across subjects such as seafood inspections, shortages of infant formula, abortion rights, flavoured tobacco, lead in food and foreign-made vaping products, and featured questioning from several Republican members on whether the antiparasitic medicine ivermectin works against coronavirus (COVID-19) during the proceedings. Regarding oversight of CBD, a non-psychoactive hemp derivative, Califf restated the FDA’s January 2023 position that it would not craft regulations permitting CBD to be marketed in foods or dietary supplements for sale. He said CBD does not sit within any current regulatory framework at the agency, and added that the FDA would very much like Congress to create a regulatory pathway for CBD through legislation. The session took place as lawmakers weigh various possible changes to federal hemp rules, now under active consideration. Legislators had been expected to approve a new farm bill in 2023, but that year instead extended the landmark 2018 Farm Bill, which...

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View the related Practice Notes about Derivative works

PRACTICE NOTES
UK Film and Television Law Glossary: Terms C–D—copyright, collecting societies, broadcasting, distribution

Film and TV glossary A–B Film and TV glossary E–H Film and TV glossary I–L Film and TV glossary M–P Film and TV glossary R–S Film and TV glossary T–W CAP Code for non-broadcast media The UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (the CAP Code) serves as the principal framework governing non-broadcast adverts, promotional sales activity and direct marketing messages. It is drafted by the Committee on Advertising Practice (CAP), a self-regulatory body whose membership comprises organisations representing advertising, sales promotion, direct marketing and media industries. The Advertising Standards Authority (ASA) polices the CAP Code and may require the withdrawal or amendment of any advertisement that contravenes these standards. Refer to Practice Note: Advertising law and regulation. Channel 4 Channel 4 operates as a ‘publisher-broadcaster’: it produces no programmes internally, commissioning content from production companies across the UK. Cinematograph film Under the Copyright Act 1956 (CA 1956), films gained protection as...

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PRACTICE NOTES
UK Immigration Rules: Statement of Changes HC 719 (Autumn 2022)—practitioner analysis of work, visitor, EUSS, BN(O), visa national list changes, police registration abolition and modern slavery route

Analysis This review examines the key amendments to the Immigration Rules (the Rules) contained in HC 719 of relevance to business advisers. The Statement of Changes was laid on 18 October 2022, accompanied by an Explanatory Memorandum (EM). The written Ministerial Statement by Tom Pursglove, Minister of State for Immigration, is available. Subscribers can jump directly to the relevant sections of this Practice Note via the Table of Contents pane on the left of the screen. Published several weeks later than the customary Autumn tranche, the Statement introduces few major policy shifts, aside from further enlargement of the Hong Kong (BNO) route and the creation of a new Appendix Temporary Permission to Stay for Victims of Human Trafficking and Modern Slavery. This likely reflects the marked political turbulence preceding the Home Secretary’s resignation the day after publication. Instead, the bulk of the document delivers technical updates and corrections across several routes, such as: Global Talent Skilled Worker Global Business Mobility Visitor...

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PRACTICE NOTES
Hedging longevity risk in UK DB pension schemes: legal and practical guide to swap structure, pricing, collateral, credit risk, termination and governance

Pension schemes and their sponsoring employers confront a range of risks linked to their defined benefit pension schemes, a notable one being the cost of improving life expectancy. Alongside traditional ways of hedging scheme risk—such as buy-outs or buy-ins—de-risking options based on a ‘swap’ contract have been used for some time. A ‘swap’ is a broad term for an agreement under which the parties exchange a sequence of cashflows tied to an underlying asset or other variable. For more on buy-outs and buy-ins, see Practice Note: De-risking—pension buy-outs and buy-ins. What is a longevity swap? A longevity swap is a means for a pension scheme to hedge the risk that members live longer than anticipated. This is now most commonly arranged via an insurance policy (although the earliest transactions were implemented using a derivative). Under a longevity swap, the scheme trustees make pre-determined regular payments—typically monthly or quarterly—to the swap provider over a fixed period, modelled on the then life expectancy for specified members...

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