Copyright Lately

MAY 22, 2023

The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. But make no mistake, Warhol v. Goldsmith will be parsed and picked apart for years to come. “[T]he first fair use factor. “[T]he first fair use factor.

Fair Use 92

Fair Use Licensing Copying Artwork 92

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. .” Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 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.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Traverse Legal Blog

JANUARY 29, 2022

If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc. Ownership of NFTs.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. Many derivative works.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

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.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. Want to Create New Derivative Works?

Derivative Work 88

Derivative Work Licensing Artwork Contracts 88

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Court of Appeals for the 2nd Circuit has held).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

Copyright Law 81

Copyright Law Art Copyright Law 81

IP and Legal Filings

JANUARY 23, 2023

In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. Due to the recurrent copyright difficulties, which have a significant impact on an individual’s business interest, it is imperative to preserve the ownership rights of digital works.

Non-Fungible Tokens 81

Non-Fungible Tokens Copyright Intellectual Property Ownership 81

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

43(B)log

AUGUST 9, 2024

seems like this is going to have trouble with derivative works] Amanda Levendowski, Fairer Public Benefit Bias and harms of works aren’t taken into account in fair use analysis: recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

Blogging 52

Blogging Law IP Fair Use 52

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). The first obligation concerns transparency and disclosure.

Copyright 134

Copyright Copyright Law Fair Use Law 134