Trademark and Copyright Law Blog

FEBRUARY 7, 2024

Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in fact, adaptations of existing art. One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works.

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43(B)log

JANUARY 27, 2023

Steeplechase Arts & Productions, L.L.C. Copyright infringement: Rebinding doesn’t create a derivative work. A derivative work must involve an original work being “recast,” “transformed,” or “adapted,” and nothing like that took place here. Wisdom Paths, Inc., 2023 WL 416080, No.

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JD Supra Law

FEBRUARY 9, 2024

Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in fact, adaptations of existing art. As we ramp up for film’s most anticipated event, the lists start flying for the year’s potential winners.

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IIPRD

JANUARY 22, 2025

Another very interesting case, and one in which the ruling should have significant implications for determining the limits of transformative use, is that of Andy Warhol Foundation for the Visual Arts, Inc. One of the biggest problems is the vagueness around AI-generated outputs and whether these are derivative works.

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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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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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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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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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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.

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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.

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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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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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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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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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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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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.

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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 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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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.

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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