LexBlog IP

AUGUST 31, 2021

.” In other words, when you own the copyright on a particular artistic work, you not only own the right to copy and sell the work, but also the right to create derivative works (modifications or new expressions, based on the original), perform the work in public, and broadcast it.

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43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. It is that functionality, and not the copying, to which Apple truly objects. 101 (derivative works “represent an original work of authorship”); L. Patton, 769 F.3d

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Derivative Work Fair Use Copying Copyright 90

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents.

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Copyright Intellectual Property Derivative Work Copying 98

Kluwer Copyright Blog

SEPTEMBER 11, 2023

EU (CDSM arts 3-4; obligation concerning sufficiently detailed summary in June 2023 draft of AI Act) d. Japan (Art. Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Does the machine infringe when it produces a new “work”? Impact of Warhol, esp for GenAI) b. Fair dealing c.

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IP Derivative Work Intellectual Property Art 124

The IPKat

JUNE 27, 2022

Ripps has clearly downloaded the digital files of the original BAYC collection, copied and re-used them to create his own RR BAYC collection. The original BAYC NFT and the corresponding NFT of Ripps's are stored at two different IPFS addresses (which necessarily implies that BAYC original files have been copied and re-displayed).

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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 The amount and substantiality of the portion used in relation to the copyrighted work. The effect upon the potential market for or value of the copyrighted work. [8]

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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. A used copy will set you back $1.09; for reasons unknown, a new copy is going for $113.03—In

Copying 123

Copying Non-Fungible Tokens Contracts Copyright 123

Technology & Marketing Law Blog

JUNE 20, 2023

Andy Warhol Foundation for the Visual Arts, Inc. Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

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Fair Use Derivative Work Blogging Licensing 98

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright.

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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? The reason I’m not convinced this gets us very far is that one still needs to identify favored “purposes” and “characters,” since that’s not self-evident.

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Derivative Work Fair Use Art Copying 72

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. It can be used to provide additional information about goods that may embed works of art protected by copyright.

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Copyright Public Domain Art Moral Rights 105

Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

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Copyright Derivative Work Artwork Fair Use 91

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. Want to Create New Derivative Works?

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Derivative Work Licensing Artwork Contracts 82

Velocity of Content

DECEMBER 4, 2024

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

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Derivative Work Copyright Moral Rights Copyright Law 52

Traverse Legal Blog

JANUARY 26, 2022

An NFT group called TheSpiceDAO bought a copy of the book “Dune” believing they had purchased more than just the book. The essence of the news story is that TheSpiceDAO bought at auction a rare copy of “Dune” that was being auctioned off by Christie’s as just a book. The right to create derivative works.

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Non-Fungible Tokens Licensing Ownership Copying 97

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.

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Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Originals” [7] : The Works at Issue. It found that all four fair use factors weighed against fair use. [12] 1183 (2021).

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Fair Use Derivative Work Art Licensing 97

IP and Legal Filings

MAY 3, 2024

Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works. These rights generally include the rights to reproduce, distribute, perform, publish and create derivative works.

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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. The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Goldsmith et al, Case No. Goldsmith et al, Case No.

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Fair Use Derivative Work Copying Licensing 57

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. As a lawyer by training, I am interested in the art of lawyering. is being used as code.

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Litigation Fair Use Copying Derivative Work 98

SpicyIP

OCTOBER 9, 2024

Other than a brief period in 2020, the Archive maintained a one-to-one ratio of books owned by it in physical copies and made available digitally for users through its free digital library. The NEL was held to be a derivative work, and the Archive’s lending practices violative of copyright law.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

Patently-O

SEPTEMBER 1, 2023

A core inquiry is whether original works that would ordinarily be copyrightable should be denied unless a human author is identified. Generative AI models produce outputs like text, art, music, and video that appear highly creative and would certainly meet copyright’s originality standard if created by natural people.

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Copyright Copying Derivative Work Licensing 94

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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Fair Use Art Licensing Derivative Work 40

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Simply put, choreography is the art of creating or arranging dances consisting of an original technique of dance notation. Why Consider Registering a Copyright?

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Copyright Registration Music Copyright Law 105

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use. Prince is work plus embodiment.

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LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI? Stability AI Ltd.

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Derivative Work Copyright Fair Use Copyright Law 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. The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Goldsmith et al, Case No.

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Fair Use Derivative Work Copying Licensing 52

Velocity of Content

NOVEMBER 25, 2024

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. ↩︎ Berne Convention, supra note 35, art. Ginsburg & R. Dreyfuss eds.,

Copyright 52

Copyright Derivative Work Intellectual Property Copying 52

The IPKat

JANUARY 18, 2023

In the case decided by the US Copyright Office the issue was protectability of a new (art)work created through the use of an AI software. There are differences between the Ryder Ripps case and the one considered by Eleonora in her post. In sum, we will be now waiting to see how the court will decide.

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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

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. You will also find a summary on this page.

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Copyright Lately

MAY 22, 2023

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” ” Andy Warhol Foundation For Visual Arts, Inc.

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Fair Use Licensing Copying Artwork 86

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. NFTs give creative and artistic people a forum to digitally assess their creative work.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 89

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.

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IP Ownership Non-Fungible Tokens Copyright Law 109

The IPKat

DECEMBER 20, 2023

However, putting ourselves in the shoes of the artists whose voice and art are being used to feed a machine that will then copy everything that makes them who they are, it is not difficult to comprehend Bad Bunny's reaction. Did the track infringe Bad Bunny's rights? What other avenues do the artists have to fight AI-generated music?

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LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. In a broad sense, a use that has a distinct purpose is justified because it furthers the goal of copyright, namely, to promote the progress of science and the arts, without diminishing the incentive to create.

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Fair Use Derivative Work Art Licensing 52

LexBlog IP

FEBRUARY 20, 2024

Specifically, the judge said that for their vicarious copyright infringement claims to remain viable, the plaintiffs would have to at least allege that derivative works created using AI programs that generate images in response to user prompts are “substantially similar” to their original copyright-protected works.

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