IPilogue

JULY 18, 2022

Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. Copyright, in the simplest terms, is “ the right to copy.”

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Kluwer Copyright Blog

APRIL 8, 2024

Image by Gerd Altmann from Pixabay The sweeping evolution of generative AI models is rapidly reshaping the legal landscape of copyright. By April last year, over one billion pieces of artwork had been removed from the Stable Diffusion training set.

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JD Supra Law

MAY 26, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. By: Weintraub Tobin

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LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

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LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

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IP Tech Blog

JUNE 2, 2023

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.

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Fair Use Derivative Work Copying Licensing 57

Kluwer Copyright Blog

MARCH 10, 2025

Image via Pixabay We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. It will depend on how AI developers designed and trained the algorithm.

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Copying Fair Use Copyright Law Copyright 52

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

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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). Architectural copyright.

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Publishing Fair Use Artwork Copyright 97

IIPRD

MARCH 5, 2025

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. Copyright Office. Copyright Act regulates the works which are created by humans only.

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Copyright Intellectual Property Copyright Law Artwork 52

Intellectual Property Law Blog

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Perlmutter, et.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Copyright Law Fair Use Law 138

LexBlog IP

JUNE 2, 2023

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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Traverse Legal Blog

OCTOBER 20, 2022

Trademark infringement and copyright infringement are risks which you need to assess before you buy an NFT or use a linked digital asset. This post is going to discuss the defense of “Fair Use” to a copyright infringement lawsuit or threat letter. What is a Fair Use Defense to a Copyright Infringement Claim?

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

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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Fair Use Art Licensing Derivative Work 40

Kluwer Copyright Blog

FEBRUARY 2, 2023

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. We were not aware that the image may have been created by AI” 2.

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Copyright Art Registration Fair Use 145

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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Moral Rights Artwork Fair Use Copyright 76

Olartemoure Blog

MAY 26, 2023

This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes. The Supreme Court ruled that the use and modification of photographs solely for commercial purposes does not qualify as fair use and therefore constitutes a violation of copyright law.

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Therefore, Allen asserts the final work is eligible for copyright registration. Last year, Jason M.

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Art Copyright Registration Fair Use 120

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 is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Art Artwork Intellectual Property Copyright Law 52

SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. When used in a manner that is commercial or public, the Output might not even qualify as fair use, unless it is sufficiently transformative.

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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 125

Copyright Art Copyright Law Licensing 125

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.

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Copyright Infringement Editing Copyright Artistic Work 52

The IPKat

SEPTEMBER 27, 2023

The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress.

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Copyright Registration Artwork Fair Use 97

LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense. Goldsmith opposed the Petition.

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LexBlog IP

JULY 17, 2023

How can this be considered an original artwork and who is the author? These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property. This case was not addressing AI directly but was determining the authorship of a selfie taken by a monkey.

Intellectual Property 52

Intellectual Property Art Artwork Moral Rights 52

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office and the U.S. Patent and Trademark Office held a conference on machine learning and copyright law (see “ Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going ?”). Copyright Office launched a study to examine the copyright law and policy issues raised by generative AI.

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Registration Copyright Law Artwork Copyright 64

Copyright Lately

JANUARY 23, 2023

Let’s Talk About Derivative Works Subject to fair use and other defenses, a copyright owner has the exclusive right to prepare derivative works based upon the copyrighted work. You might assume that the concept of a “derivative work” under copyright law would be simple to define. You’d be wrong.

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Derivative Work Art Copying Fair Use 113

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law.

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Copyright Derivative Work Fair Use Copyright Law 52

IP Tech Blog

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. See Questions 6-14 of Notice.

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Copyright Technology Artwork Blogging 62

LexBlog IP

OCTOBER 10, 2023

However, in 5Pointz the building owner consented to the artwork installation. What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses.

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LexBlog IP

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Perlmutter, et.

Copyright 52

Copyright Copyright Law Artistic Work Artwork 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

LexBlog IP

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. See Questions 6-14 of Notice.

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Copyright Technology Artwork Fair Use 52

IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Trademark Non-Fungible Tokens Branding Branding 62

LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. .”

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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. It emerges that brands should pay for the use of street artworks.

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Art Copyright Moral Rights Cease and Desist 57