Kluwer Copyright Blog

APRIL 22, 2024

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. The second debatable point of the judgment relates to the right of transformation.

Copyright 114

Copyright Artwork Moral Rights Non-Fungible Tokens 114

Plagiarism Today

SEPTEMBER 28, 2021

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. In March 2011, the district court in the case found in favor of Cariou, finding that Prince’s works were infringing. 3: The Andy Warhol Ruling.

Fair Use 242

Fair Use Non-Fungible Tokens Copyright Social Media 242

IIPRD

APRIL 8, 2024

Accusations of copyright infringement have come up in recent times by creators, however the way generators like stable diffusion function, they transform these images to an extent where they appear to be a new creation, such nature and the application of the fair use doctrine appears to be an alternate legal argument for these apps.

Art 52

Art Artwork Intellectual Property Copyright Law 52

43(B)log

OCTOBER 20, 2022

Professor Reese’s Transformativeness and the Derivative Work Right , 31 Colum. & Arts 467 (2008), whose analysis I followed in Content, Purpose, or Both? Such a standard is likely to substantially suppress publishers’ circulation of fair uses in case “this time is different.”

Derivative Work 72

Derivative Work Fair Use Art Copying 72