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While the occasional commercial use of a tattoo in a video game remains rare, tattooers use copyrighted material in their work on a regular basis. But the recent lawsuit against Kat Von D, alleging that she copied a portrait of Miles Davis by photographer Jeff Sedlik, suggests these once-tolerated uses may be under threat.
By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).
Since fanfiction often uses parts of these original works, its seen as a “derivativework”, which means it’s based on something already created. According to Section 14 of the Act, you usually need permission from the original creator to write derivativeworks. In the case Amar Nath Sehgal v.
For a court, that process means “’dissect[ing] the allegedly copied [work’s] structure and isolate each level of abstraction contained within it.’” Warhol , at 1283-84 ] This paragraph asks the judge, or the art critic, to carry out their tasks, and consider the meaning of a work. Newman , 959 F.3d
It is clear that AI is built on a foundation of immense works of authorship, many of which are protected by copyright. 7 When copyrighted works are used, AI systems typically make copies of the works to train and power AI outputs. 913 (2005). Grokster, Ltd., ↩︎ See Jessica Litman, The Story of Sony v. Dreyfuss eds.,
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