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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part II

Kluwer Copyright Blog

The First Sale Doctrine in the Metaverse The first sale doctrine, also referred to as the ‘ principle of exhaustion’ , is a longstanding tenet of copyright (and more in general intellectual property) law. This categorisation of NFTs suggests that a single copy might be sold repeatedly, much like a tangible work.

Artwork 98
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AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use. Most often, AI systems utilize huge databases to train their algorithms and yield some forms of creative or functional outputs. Goldsmith (2023) [2].

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Supreme Court Rules adaption of Warhol print not “fair use”

Indiana Intellectual Property Law

In a 7-2 majority opinion authored by Justice Sotomayor, the court found that both Warhol’s artwork and Goldsmith’s original photograph served the same purpose of depicting Prince in magazine stories about him. The commercial nature of the copying further weighed against fair use.

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Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership

IPilogue

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws.

Ownership 102
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The Evolving Jurisprudence of Copyright in AI-Generated Works

IIPRD

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Who owns the right to copy-authors, the programmer, the user, or the transmitter commissioning the work?

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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Kashishipr

NTC didn’t own the copyright in the ‘SOYA DROP’ artwork or label. NTC failed to prove that it had used the artwork or label first or that SSPL’s artwork wasn’t original. Keeping all these aspects in mind, the Court ruled in favor of SSPL. ? For more visit: [link].

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Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Intellectual Property Law Blog

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