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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. ยง

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Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

LexBlog IP

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Are you ready to unpack this legal saga and its implications for artists, copyright owners, and the commercial art industry? We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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Supreme Court Holds Warholโ€™s โ€œOrange Princeโ€ Not Transformative, Not Fair Use

IP Tech Blog

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act.

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Supreme Court Holds Warholโ€™s โ€œOrange Princeโ€ Not Transformative, Not Fair Use

LexBlog IP

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act.

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Letโ€™s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

Instead, we’re taught that “[w]hether the use of a copyrighted work has a further purpose or different character” is a “matter of degree.” ” In other words, it’s a good time to be a copyright lawyer. But make no mistake, Warhol v. Goldsmith.

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Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?

Kluwer Copyright Blog

The relationship between copyright and generative AI (genAI) has turned out to be one of the most controversial issues the law has to resolve in this area. Study of ToS is crucial because in most cases, pending the resolution of litigation or novel legislation, they will effectively be what governs the rights of users and creators.

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Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

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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