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. Hence, the “bundle.”

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Derivative Work Artistic Work Licensing Ownership 40

Dear Rich IP Blog

OCTOBER 5, 2021

Dear Rich: My teen has drawn several pieces of "fan art," following a challenge to begin with a known character and re-draw it into something more original. The law regarding fan art is vague , and if fanfiction is any example, lawsuits are filed only when the fan competes with the copyright owner. Derivative works and fair use.

Music 52

Music Art Derivative Work Fair Use 52

IP Tech Blog

AUGUST 4, 2023

Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g., Goldsmith et al, Case No.

Art 52

Art Fair Use Derivative Work Blogging 52

The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. For Benjamin, the aura of a work of art in its primal sense was integrated within the practice of ritual, such as a fresco on the wall of a medieval church.

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Art Artwork Copying Moral Rights 133

LexBlog IP

AUGUST 4, 2023

Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. The case – and the SCOTUS ruling – have many in the art world still thinking through the impact. Goldsmith et al, Case No. Goldsmith et al, Case No.

Art 52

Art Fair Use Derivative Work IP 52

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 52

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Apparently, Warhol had created an entire series of 15 other works of pop art using Goldsmith’s initial photograph.

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Fair Use Art Derivative Work Copyright Infringement 52

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.

Derivative Work 107

Derivative Work Art Copying Fair Use 107

IIPRD

APRIL 8, 2024

The ambit of IPR when it comes to recognizing these AI generators and whether they are also capable of copyright infringement by transforming other creators work has been discussed in detail in the article. 2] This shift i.e. from assisting work to generating it has taken the legal regime of IPR by a storm of confusion and questions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

The IPKat

OCTOBER 28, 2024

The decision also confirms that any work protected by copyright – including works of applied art – must only satisfy a requirement of originality, this also being harmonized at the EU level. Its scope of application inter alia includes works of applied art.

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Art Derivative Work Copyright Law 128

Kluwer Copyright Blog

JANUARY 16, 2024

106, et seq): the plaintiffs never authorized Meta to make copies of their works and derivative works, publicly display copies (or derivative works), or distribute copies (or derivative works) during the training process of the LLaMA language models. Vicarious Copyright Infringement (17 U.S.C. §

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Derivative Work Copyright Infringement Copying Copyright 130

JD Supra Law

JUNE 15, 2023

On May 18, in Andy Warhol Foundation for the Visual Arts, Inc. Supreme Court considered which “use” of a derivative work is relevant for applying the first statutory factor of the fair-use doctrine. Goldsmith, the U.S.

Fair Use 52

Fair Use Derivative Work Art Copyright 52

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. Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Fair dealing c. 47 septies ) e.

IP 115

IP Derivative Work Intellectual Property Art 115

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. 101 (derivative works “represent an original work of authorship”); L. I filed this brief on behalf of IP Law Professors today in the Apple v. Corellium security research dispute.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

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.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

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.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

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.

Derivative Work 72

Derivative Work Fair Use Art Copying 72

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

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 It will impede new art, music and literature. FOOTNOTES [1] Andy Warhol Foundation for the Visual Arts, Inc., It will make our world poorer.” [18] 2] Slip op.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

The Illusion of More

JANUARY 19, 2022

million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works. By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66

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Derivative Work Copying Copyright Art 128

IP Watchdog

OCTOBER 12, 2022

Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered transformative under factor one of the four-factor fair use test.

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Fair Use Derivative Work Copyright Art 116

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

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. ↩︎ See infra Part II [ read full article here ].

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Copyright Derivative Work Intellectual Property Copying 52

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

Velocity of Content

JUNE 8, 2022

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. All copyrights, except one, expire.*.

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Derivative Work Public Domain Copyright Fair Use 105

Copyright Lately

MAY 6, 2022

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. When you purchase an NFT, you own the underlying Bored Ape, the Art, completely.

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

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.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

TorrentFreak

AUGUST 29, 2023

Constitution was drafted, its creators saw copyright law as a tool to promote the progress of science and the useful arts. Derivative? They argued that every output of OpenAI’s language models is a copyright infringing derivative work. These derivatives are generated without obtaining permission from rightsholders.

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Copyright Infringement Copyright Fair Use Derivative Work 122

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.

Derivative Work 52

Derivative Work Copyright Infringement Social Media Copyright 52

The IPKat

JANUARY 26, 2023

This phenomenon illustrates the commercial potential of derivative works within the copyright system. This includes patentability criteria, the person skilled in the art, patent claims, and supplementary protection certificates. Neil Wilkof focused on the phenomenon of the cross-media franchise.

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Derivative Work Invention Registration Related Rights 73

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).

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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

LexBlog IP

MAY 18, 2023

.” Turns out – in addition to the Vanity Fair illustration – Warhol made a series of 16 additional works derived from Goldsmith’s photo. When Prince died in 2016, Vanity Fair’s parent company (Condé Nast) purchased a license from the Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 52

Fair Use Derivative Work Licensing Copyright 52

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.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

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.

Copyright 116

Copyright Artwork Moral Rights Non-Fungible Tokens 116

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

LexBlog IP

FEBRUARY 14, 2024

District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivative work.” Stability AI , which involved analogous claims related to visual art instead of written works.

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Copyright Derivative Work Copyright Infringement Copying 52