JD Supra Law

MAY 22, 2023

Years later, Goldsmith granted a limited one-time use license for Vanity Fair to use one of her photos of Prince as an “artistic reference for an illustration.” However, Warhol went further and created a series of artwork based on Goldsmith’s photograph. The illustration was Andy Warhol’s portrait of Prince known as “Purple Prince.”

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Fair Use Copyright Infringement Artwork Copyright 52

Plagiarism Today

DECEMBER 8, 2021

3: PokerPaint Boss Brett Butz in New Copyright Theft Row over Artwork NFTs. Finally today, Andrew Burnett at PokerTube reports that the PokerPaint saga appears to be continuing as the company is offering a new line of NFTs, many of which feature copyright infringing issues. PokerPaint has not responded to the allegations.

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Cease and Desist Artwork Fair Use Plagiarism 212

Plagiarism Today

NOVEMBER 22, 2022

1: Shenseea Hit With Second Copyright Lawsuit For US$450,000 Over ‘Foreplay’ Video. First off today, Claudia Gardner at DancehallMag reports that Jamaican dancehall artist Shenseea is facing a copyright infringement lawsuit filed by Stephanie Sarley, a visual artist who accuses Shenseea of infringing the copyrights of three of her pieces.

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Intellectual Property Law Blog

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” [4] 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14]

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Art Law Journal

JUNE 16, 2022

It’s heartbreaking to find your artwork on a t-shirt at Forever 21 or as an image on someone’s blog without your permission. The theft of your intellectual property, also known as an infringement, is not that different from any theft of your property — except you can’t go to the police to help you get justice. Let’s find out.

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Olartemoure Blog

JANUARY 18, 2023

In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince. He used a cropped photo based on one of Goldsmith’s images to create his artwork. There was no image copyright credit or compensation to Lynn Goldsmith.

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Copyright Artwork Copyright Infringement Fair Use 98

Plagiarism Today

SEPTEMBER 26, 2022

First off today, Adam Schrader at UPI reports that New York artist Kris Kashtanova has received a copyright registration for a graphic novel entitled Zarya of the Dawn , representing the first known copyright registration granted to a work of AI-generated artwork.

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Plagiarism Today

APRIL 27, 2022

3: Immersive Experiences and Copyright: TeamLab Sues MODS for ‘Copying their Artwork’ Finally today, Jonny Walfisz at Euronews reports that the Tokyo-based art collective teamLab has filed a lawsuit against the Los Angeles-based museum, the Museum of Dream Space (MODS) alleging copyright infringement.

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Plagiarism Today

JUNE 7, 2022

King was convicted of being the leader of a variety of companies that traded in copyright infringing products. They offered unlicensed streaming boxes to bars, restaurants and home users and charged a subscription fee to access content that he had not licensed. million) in a timely fashion. million) in revenue.

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Registration Artwork Licensing Copyright 188

IP Watchdog

AUGUST 18, 2022

(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.

Artwork 72

Artwork Licensing Copyright Copyright Infringement 72

SpicyIP

OCTOBER 9, 2022

As reported, in 2020, the copyright office rejected an application which listed AI (RAGHAV) as the sole author for an artwork. However, a second application was filed where a natural person and an AI (again (RAGHAV) were named as co-authors for another artwork. This copyright office granted registration in this case.

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Registration Art Copyright Artwork 120

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. scholarship, or research” [2] and is evaluated through multiple factors. factor weighs in favor of fair use.

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Licensing Fair Use Copyright Derivative Work 52

Copyright Lately

SEPTEMBER 12, 2022

Unfortunately, however, Section 113(c) is like the Generation X of copyright law—it’s remarkably useful, underrated, and largely overlooked—even by copyright lawyers and judges. 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.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

Kluwer Copyright Blog

JULY 24, 2024

While study of social media and online platform private ordering is a very well-established way to find out how providers deal with copyright, data protection and consumer protection, studies of generative AI T&C have been slower to get going. Is it a proper copyright ownership or an assigned license? user, service)?

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Copyright Ownership Social Media Licensing 130

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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LexBlog IP

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” scholarship, or research is not an infringement of copyright.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” scholarship, or research is not an infringement of copyright.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

TorrentFreak

JULY 1, 2022

NFTs are not without copyright issues, however, as Quentin Tarantino swiftly discovered. Movie studio Miramax, which owns most of the rights to the film, sees the plan as a contract breach and copyright infringement. NFT Copyright Battle.

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Non-Fungible Tokens Copyright Artwork Copyright Infringement 100

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. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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Art Artwork Intellectual Property Copyright Law 52

The IPKat

DECEMBER 31, 2023

This week’s big IP news is the New York Times suing OpenAI and Microsoft for copyright infringement, trademark dilution and other violations of existing laws. As with most current cases related to AI’s copyright infringement, this one will most likely result in the issuance of a landmark ruling. Microsoft Corp.,

Intellectual Property 67

Intellectual Property Intellectual Property Law Public Domain Copyright Infringement 67

Kluwer Copyright Blog

JUNE 19, 2023

Alternatively, the terms and conditions of the online marketplace where the NFT is marketed may state that the sale of the NFT is complemented by an IP rights assignment in the related digital asset, tethering copyright ownership to NFT ownership (the crypto-native approach) (see, for example the Bored Ape Yacht Club ( BAYC )).

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Non-Fungible Tokens IP Ownership Contracts 98

LexBlog IP

NOVEMBER 9, 2023

According to Plaintiffs, Stable Diffusion scraped the internet to copy and store billions of copyrighted images without consent or licenses to train the programs. As the judge put it, “I am not convinced that copyright claims based [on] a derivative theory can survive absent ‘substantial similarity’ type allegations.”

Copyright Infringement 52

Copyright Infringement Artwork Copyright Copying 52

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

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Copyright IP Social Media Copyright Infringement 91

Intepat

SEPTEMBER 15, 2023

AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously. To delve deeper into the question of ownership, we need to grasp the traditional concept of copyright. Copyright laws are designed to safeguard the rights of creators.

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Art Copyright Ownership Non-Fungible Tokens 105

The IPKat

DECEMBER 16, 2021

Today, we begin with developments in the copyright field. CPL Industries Limited , dismissed an appeal from the High Court in a copyright infringement, trademark infringement and passing-off suit between two pharmaceutical companies. In January , the Court of Appeal in Nigeria in Morison Industries Plc V.

Copyright 89

Copyright IP Ownership Copyright Infringement 89

Traverse Legal Blog

APRIL 1, 2021

The underlying digital asset is copyright protected and licensed to the buyer of the NFT. Should you hire a lawyer to work with you if you are selling or buying an NFT and licensing the associated digital art? NFTs are being used to store smart contracts and authentication for digital artwork and other digital assets.

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Non-Fungible Tokens Artwork Contracts Due Diligence 98

IIPRD

FEBRUARY 6, 2024

While trademarks protect movie titles, important characters, and other film components, copyright protects content from infringement and recognizes the rights of authors. But as the sector grows, so does the problem of intellectual property rights infringement, cybercrimes, copyright infringement , and trademark infringement.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

Kluwer Copyright Blog

JULY 14, 2023

Facilitate effective collective licensing of rights, including where possible, through extended collective licensing systems. archival fonds shall not be subject to the same remuneration as unique artworks, as advocated by scholars ). No additional copyright protection granted to digitized materials. Proposal 3.

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Database Right Licensing Public Domain Artwork 52

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. That NFT can be transferred or licensed to subsequent NFT owners, all of which is recorded on the blockchain. .

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

IP and Legal Filings

SEPTEMBER 20, 2023

Articles Protected Under The Copyright Laws Normally, fashion garments are placed under the bracket of ‘artistic works’ under the Copyright Act owing to the fact that they are the works of artistic creations. Conclusion Copyright infringement of design clothes is one of the most common practices of many countries around the globe.

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Designs Design Copyright Copyright Infringement 102

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. 2] A week later, the U.S.

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Fair Use Art Licensing Copyright Infringement 52

IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. See Questions 6-14 of Notice.

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Copyright Technology Artwork Blogging 62

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.,

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Copyright Art Copyright Law Licensing 120

LexBlog IP

SEPTEMBER 25, 2023

.” As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system.

Copyright 52

Copyright Technology Artwork Fair Use 52

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

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Blogging Law IP Fair Use 52

43(B)log

OCTOBER 4, 2021

Restellini alleged copyright infringement and related claims in connection with WPI’s digitization of certain material about the artist Amodeo Modigliani. WPI counterclaimed against Restellini and third-party Institut Restellini SAS – Documentation Centre alleging copyright infringement and false advertising.

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The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Comment The first point that stands out is that the plaintiff has decided not to act for copyright infringement, notwithstanding that BAYC still retains the copyright in the NFTs’ digital file and Ripps re-minting of BAYC’s NFTs has arguably infringed BAYC’s copyright.

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Non-Fungible Tokens Contracts Copying Art 135