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Using AI Artwork to Avoid Copyright Infringement

Copyright Lately

The desire to avoid litigation at all costs has helped to create a “clearance culture” in which the standard operating procedure is for content creators to obtain a license (often at substantial expense) for every use of copyrighted material appearing in a production, regardless of whether permission is legally required.

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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. A useful article is an object like clothing or furniture that has an intrinsic utilitarian function that’s not merely to portray appearance or convey information.

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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

If the costume isn’t licensed, why is it not infringing regardless of the name change? Costumes are considered “useful articles” and, similar to most of the fashion industry , does not qualify for any kind of copyright protection. . First, design elements that are “physically or conceptually separate” from the article can be protected.

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Eleventh Circuit Affirms Finding that Takedown Notice for Auto Stickers Violated DMCA

IP Watchdog

(DDI) acted with willful blindness in submitting a fifth Takedown Notice to Amazon asking that auto stickers it alleged infringed its licensed artwork be removed from the site. began selling a sticker that DDI alleged infringed the licensed copyright. In 2018, Alper Automotive, Inc.

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Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

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Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

IP Tech Blog

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms. Goldsmith, Andy Warhol not only used Ms.

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AI and copyright in 2022

Kluwer Copyright Blog

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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