Remove Art Remove Derivative Work Remove Marketing
article thumbnail

Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

article thumbnail

AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

To determine whether the use constitutes fair use or not is determined based on a number of factors like if they primarily include the purpose and character of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work. Another important factor is market effect.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Using that classic piece of art on a book cover: Grr…

The IPKat

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.

Art 134
article thumbnail

Copyright Liability for LLM Outputs

Velocity of Content

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.

article thumbnail

Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

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.

article thumbnail

Amicus in Apple v. Corellium

43(B)log

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. Opening software to information gathering and vulnerability testing is transformative, just as gathering information about and criticizing other types of works are classic transformative fair uses.

article thumbnail

First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

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