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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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 111

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 134

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.

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Music Art Derivative Work Fair Use 52

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 102

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.

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Derivative Work Fair Use Copying Copyright 90

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

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

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

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

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.

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Fair Use Licensing Cease and Desist Derivative Work 130

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

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 126

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

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.

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Derivative Work Licensing Artwork Contracts 91

Plagiarism Today

SEPTEMBER 28, 2021

On September 23, the art site PokerPaint announced on their Twitter (Tweet now deleted) that they were releasing a series of Non-Fungible Tokens (NFTs) on OpenSea. ” 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.

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Fair Use Non-Fungible Tokens Copyright Derivative Work 279

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

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

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 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

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

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

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.

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Art Artwork Intellectual Property Copyright Law 52

The IPKat

JUNE 27, 2022

The work is an extension of and in the spirit of other artists who have worked within the field of appropriation art”. Yuga Labs, therefore, still owns the copyright in each NFT.

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Non-Fungible Tokens Contracts Copying Art 135

Kluwer Copyright Blog

MAY 9, 2022

“Warhol Print” (Vanity Fair), Page 8, Andy Warhol Foundation for the Visual Arts, Inc. “Goldsmith Photograph”, Page 7, Andy Warhol Foundation for the Visual Arts, Inc. Starkly deviating from this trend was a Second Circuit panel decision in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, 11 F.4th

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Fair Use Derivative Work Art Licensing 100

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?

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Copying Non-Fungible Tokens Contracts Copyright 128

Kluwer Copyright Blog

DECEMBER 5, 2022

It can be used to provide additional information about goods that may embed works of art protected by copyright. This provides the advantage of making the encounter between visitors and the art in museums or sites more lively, complete and informative. i) Public domain works. ii) Copyright protected works.

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Copyright Public Domain Art Moral Rights 105

TorrentFreak

JULY 17, 2022

The company’s lawsuits variously claim copyright infringement (when cheat makers use pieces of original code or creative derivative works ), circumvention of technical measures (under the DMCA), breach of contract, and/or violation of consumer protection laws. And then the screw gets turned again – and again.

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Derivative Work Social Media Contracts Licensing 144

Biswajit Sarkar Copyright Blog

AUGUST 13, 2022

Another way of protection is by derivative works by the members of the community. As we are looking at communities as the owners and custodians of the TCEs, the ownership of copyrights should be collective. One way of awarding such ownership is by forming associations and societies with elected persons from the community itself.

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Derivative Work Ownership IP Intellectual Property 97

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. It states that an artistic work means – A painting, sculpture, drawing, diagram, map, chart, plan, engraving, photograph An architectural work Any other work of artistic craftsmanship.

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Copyright Artistic Work Copyright Law Art 105

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

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

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.

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Fair Use Derivative Work Art Copyright 52

Velocity of Content

AUGUST 9, 2022

I knew a bare minimum about him, but my trip to the museum immersed me in a whole world of Warhol that included a panoply of works from installation art to his more iconic pieces. One work , which I had not previously known about, consisted of a black room with silvery balloons moved by fans this way and that.

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Fair Use Licensing Derivative Work Art 98

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

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

Traverse Legal Blog

JANUARY 26, 2022

The right to create derivative works. Buying an NFT Does Not Mean you Can Create T-shirts of the Digital Art and Sell them Online, Make a Movie or Create New Similar Works. The digital piece of art or the digital work. YOu can resell it and transfer the same limited right to read it. The right to use it.

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Non-Fungible Tokens Licensing Copying Ownership 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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