Dear Rich IP Blog

AUGUST 3, 2022

But if you can't get permission, you may have a reasonable fair use argument. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. Wofsy in which museum catalog photos of Picasso artworks were reproduced). See DeFontbrune v. If you go with the photo.

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Plagiarism Today

OCTOBER 26, 2021

Where copyright protects works of creative authorship, such as books, movies, music, etc., Besides, even if a rightsholder did decide to target such home uses (which would likely be against their self-interest), it is almost certain that it would be found to be a fair use. However, copyright is only half the picture.

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Copyright Trademark Cease and Desist Copying 252

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Copyright Lately

SEPTEMBER 12, 2022

One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles.

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Copyright Derivative Work Artwork Fair Use 96

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. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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Fair Use Derivative Work Copyright Law Art 52

SpicyIP

MAY 18, 2022

In the US too, several companies are protecting their trademarks for similar goods and services. Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. Dec 21, 2021.

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Non-Fungible Tokens Trademark Artwork Art 122

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. This Kat therefore strongly recommends reading this book, taking into account its pros and cons.

Art 57

Art Copyright Moral Rights Cease and Desist 57

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

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Blogging Social Media Television Fair Use 111

Dear Rich IP Blog

JANUARY 16, 2024

However, people who find abandoned artwork, manuscripts, and musical recordings can claim ownership of the physical objects. When Salinger later learned that an author was planning to reproduce portions of the letters in a book, he registered the unpublished letters, sued, and won a judgment preventing the book's release.

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Ownership Fair Use Artwork Copyright 59

Copyright Lately

JANUARY 23, 2023

In addition, the original images scanned into those databases, unlike Google’s display of book snippets, are never shown to end users. This arguably makes the use of copyrighted works by by Stable Diffusion even more transformative than Google Book Search. reproduction) of images in order to train the model.

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Derivative Work Art Copying Fair Use 107

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use. This time, in 2013, the judgement in favour of Cairou was overturned.

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Copyright Infringement Editing Copyright Artistic Work 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. Stability AI, three artists filed a claim on the basis that their work was used by the AI to train the algorithm and use them in a transformative manner to create new work. [5]

Art 52

Art Artwork Intellectual Property Copyright Law 52

SpicyIP

MARCH 10, 2023

The territory would ideally have to be the world, for an artwork or an article published online, and also, it would be difficult to practically take down the same after 5 years. Certain Outputs, such as the results when you search for important or significant excerpts from a certain book chapter, may not be considered as fair use.

Copyright 105

Copyright Copyright Law Ownership Copyright Infringement 105

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

Copyright 121

Copyright Art Copyright Law Licensing 121

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

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Fair Use Copyright Moral Rights Copyright Law 135

Kluwer Copyright Blog

AUGUST 7, 2023

A film based on a book serves as an example. In the United States, the Copyright Act outlines the concept of fair use – situations where usage does not require authorization. In essence, this test establishes that a work can be used in specific special circumstances (e.g., O fair use no direito autoral.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

LexBlog IP

APRIL 13, 2022

26] The defendants denied many of the allegations in the complaint, and asserted several affirmative defenses, including that the NFTs fell under the fair use exception to the Copyright Act. [27] by other innovators that also use NFTs to track title to physical goods held in a vault, such as fine art, whiskey, and wine.” [43].

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

JUNE 24, 2022

Ornamental use may help to maintain rights even if core uses cease. Can it be used in different ways in TM as a thumb on the scale rather than a binary? 2d Cir in Descriptive fair use—how “pure” is the descriptive character of the use? artworks as TMs. Could we do something similar in ornamentality?

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Trademark Law Law Trademark Registration 75

Plagiarism Today

DECEMBER 8, 2022

While parody isn’t protected in the Constitution, fair use was codified into U.S. Seuss mashup book entitled Oh, the Places You’ll Boldly Go! used nothing from the source material beyond the characters and general plot points, Oh, the Places You’ll Boldly Go! Porn Parodies and Fair Use.

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Cease and Desist Fair Use Artwork Plagiarism 195

43(B)log

FEBRUARY 16, 2024

Then, in Jack Daniel’s last term, the Court told us that use as a mark to identify the source of goods is trademark law’s central concern; when there’s use as a mark, the likely confusion test provides enough protection for any First Amendment interests. None of those were branding uses. HomeVestors: title of TV show.

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Trademark Fair Use Registration False Advertising 59

43(B)log

FEBRUARY 2, 2024

Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement. DJ sought declaratory judgment that Prince Series as such was transformative, grounded in the artwork itself; a static claim w/o regard to specific use or purpose. Glynn Lunney, Transforming Fair Use.

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Fair Use Derivative Work Licensing Marketing 49