Remove 2003 Remove Copyright Law Remove Derivative Work
article thumbnail

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Originals” [7] : The Works at Issue. It found that all four fair use factors weighed against fair use. [12]

article thumbnail

The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

New Tools, Old Rules: Is The Music Industry Ready To Take On AI?

Copyright Lately

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 93
article thumbnail

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Citing a 2003 Ninth Circuit case, Kremen v. It didn’t.

Licensing 105
article thumbnail

WHAT, IN THE NAME OF GOD, …?: Intellectual Property Rights In Holy Names, Sacred Words, & Other Aspects of Creation

LexBlog IP

The report notes on page 11 that “In 2003, research estimates put the [U.S.] copyright law. This was historically the sense in Canada, France, the Netherlands, and Belgium, for example, and has been argued even to be required internationally under the Berne Convention, as Jane Ginsburg (2003) has noted. ” Id.

article thumbnail

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

Under the 1976 Copyright Act, copyright subsists automatically in any “original work of authorship” that is “fixed in any tangible medium of expression.” [ 17 U.S.C. Complaint ¶ 64] In the alternative, Trump pleads that he owns the copyright only in his responses to Woodward’s questions. Ashcroft , 537 U.S.

Copyright 131