Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? As I noted in my prior article on AI art , AI tools aren’t copying images so much to access their creative expression as to identify patterns in the images and captions.

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Derivative Work Art Copying Fair Use 107

Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] It will impede new art, music and literature. It will make our world poorer.” [18]

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Fair Use Licensing Cease and Desist Derivative Work 130

Copyright Lately

MAY 6, 2022

The same rule applies to digital artworks sold as NFTs. Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes.

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Derivative Work Licensing Artwork Contracts 88

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. At issue before the Supreme Court in Andy Warhol Foundation for the Visual Arts Inc. Applying a new lens on how to view the purpose of a derivative work under U.S.

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Fair Use Derivative Work Copyright Law Art 52

IP Tech Blog

JUNE 2, 2023

In the weeks that followed, the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use? Goldsmith et al, Case No.

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Fair Use Derivative Work Copying Licensing 57

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Intepat

OCTOBER 7, 2022

Further, it would enable a person to determine the extent of each and take the necessary steps to safeguard their creative work. Further, the Copyright protects the following types of original artwork. a collage, sculpture, photograph , or graphic work; 2. a building or model of a building that is an architectural work; or.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

LexBlog IP

JUNE 2, 2023

In the weeks that followed, the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use? Goldsmith et al, Case No.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 80

Artwork Contracts Art False Advertising 80

Intepat

OCTOBER 7, 2022

Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. This means protecting significant rights to their original works. Even if it might be difficult, it is not completely impossible to put an end to every duplication of one’s art.

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Intellectual Property Designs Design Artwork 52

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. v] Prior to the development of NFTs, artists depended on non-traditional legal and financial frameworks to drive the art market. NFTs give creative and artistic people a forum to digitally assess their creative work.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), The work is an extension of and in the spirit of other artists who have worked within the field of appropriation art”. which is not stored on the blockchain but usually on a P2P system like IPFS (“Interplanetary File System”) is linked to the NFT.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] It will impede new art, music and literature.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] A film based on a book serves as an example.

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Copyright Derivative Work Fair Use Copyright Law 52

LexBlog IP

MAY 26, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] It will impede new art, music and literature.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 19, 2023

Condé Nast paid the Andy Warhol Foundation for the Visual Arts, Inc. (“AWF”) $10,000 for the license, while Goldsmith received neither a license fee nor a source credit. for the Visual Arts, Inc. for the Visual Arts, Inc. scholarship, or research” [2] and is evaluated through multiple factors. .”

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Copyright Lately

MAY 22, 2023

The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. ” Andy Warhol Foundation For Visual Arts, Inc. But make no mistake, Warhol v. Goldsmith will be parsed and picked apart for years to come.

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Fair Use Licensing Copying Artwork 92

LexBlog IP

APRIL 23, 2023

Derivative Works and AI-Generated Material A. Permission from original copyright holders If a work incorporates AI-generated material based on pre-existing copyrighted content, the creator must obtain permission from the original copyright holder(s) to use the material.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

LexBlog IP

JULY 7, 2023

8] Second, as to the works’ purpose, the court found that it was unclear whether Prince intended to create a parody of the original photographs, a satire of society’s use of social media, or neither, pointing out Prince’s own contradictory testimony on the question. [9] Andy Warhol Foundation for the Visual Arts, Inc.

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Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. Is the sale of a single work of original art considered to be a publication?

Copying 125

Copying Non-Fungible Tokens Contracts Copyright 125

Kluwer Copyright Blog

OCTOBER 4, 2023

Identifying Commonalities among Parody, Pastiche, and Caricature The nature of parody, pastiche, and caricature has spawned extensive discourse among various art fields over time. In contemporary art, pastiche, such as composite paintings, serves as a means of commenting on culture, systems, ideologies, and more.

Copyright Law 83

Copyright Law Art Copyright Law 83

LexBlog IP

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? The United States.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Traverse Legal Blog

JANUARY 29, 2022

If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Brands 52

SpicyIP

DECEMBER 15, 2023

Subject work on which copyright registration was sought. The Copyright Office had earlier refused registration for the artwork for lack of human authorship necessary to support a copyright claim. The Copyright Office had earlier refused registration for the artwork for lack of human authorship necessary to support a copyright claim.

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Artwork Registration Artistic Work Derivative Work 59

IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

Trademark 62

Trademark Non-Fungible Tokens Brands Branding 62

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. On March 2, 2022, Hermès filed an Amended Complaint.

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Non-Fungible Tokens Social Media Contracts Brands 52

43(B)log

AUGUST 9, 2024

Visual art for examples, but can be extended to music and text. Methodology actually applied to fair use cases: a D who creates an artwork for exhibition or sale will almost never compete. What about widely distributed works? This is also probably true of a lot of the derivative work stuff.

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Fair Use Marketing Marketing Licensing 59

Kluwer Copyright Blog

MAY 9, 2023

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?

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Copyright Copyright Law Fair Use Law 135

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. Question presented : Whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as the Supreme Court, U.S.

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Fair Use Copyright Derivative Work Art 134

IPilogue

JULY 18, 2022

As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art. The act of copying belongs to the long tradition of modernist art that questions the nature and definition of art itself.

Copyright Law 111

Copyright Law Copyright Law Art 111

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” (Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Factual and Procedural Background.

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Registration Blogging Copyright Designs 91

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. That’s understandable.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. That’s understandable. Copyright Duration.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

43(B)log

FEBRUARY 2, 2024

DJ sought declaratory judgment that Prince Series as such was transformative, grounded in the artwork itself; a static claim w/o regard to specific use or purpose. The difference b/t Justice Story’s © and today: the derivative work right: why would substitution be the core problem? We don’t know why or how he created.

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Fair Use Derivative Work Licensing Marketing 49