LexBlog IP

APRIL 23, 2023

Derivative Works and AI-Generated Material A. Permission from original copyright holders If a work incorporates AI-generated material based on pre-existing copyrighted content, the creator must obtain permission from the original copyright holder(s) to use the material. Joint Authorship A.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

Kluwer Copyright Blog

OCTOBER 4, 2023

Some critics argued that this decision failed to definitively establish whether there exists a singular parody exception encompassing related terms such as pastiche and caricature or if Article 5(3)(k) of the InfoSoc Directive prescribes three distinct exceptions. This complexity rendered these concepts open-textured and context-dependent.

Copyright Law 83

Copyright Law Art Copyright Law 83

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Consequently, the definition of NFTs as “certificate of authenticity” or “certificate of ownership” is not accurate. which is not stored on the blockchain but usually on a P2P system like IPFS (“Interplanetary File System”) is linked to the NFT.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. The breathless media reports soon followed. The NFT isn’t the image.

Copying 126

Copying Non-Fungible Tokens Contracts Copyright 126

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. [Do This is wrong.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Intepat

MAY 17, 2024

This is because the resulting work is a new creation that depends on various factors, including the system’s programming and the input prompt. The generated work might be an original creation of the AI, or it could be considered a derivative work depending on the nature of the output and the input data used.

Ownership 52

Ownership Confidentiality Contracts Copyright 52

LexBlog IP

JULY 7, 2023

8] Second, as to the works’ purpose, the court found that it was unclear whether Prince intended to create a parody of the original photographs, a satire of society’s use of social media, or neither, pointing out Prince’s own contradictory testimony on the question. [9] Many derivative works.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Kluwer Copyright Blog

MAY 9, 2023

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works? The Copyright – AI Act interface The first aspect to mention regards definitions.

Copyright 135

Copyright Copyright Law Fair Use Law 135

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” The Court then quoted a dictionary definition of “knowledge” as “the fact or condition of being aware of something.” [Slip op. Factual and Procedural Background.

Registration 85

Registration Blogging Copyright Designs 85

IPilogue

JULY 18, 2022

The act of copying belongs to the long tradition of modernist art that questions the nature and definition of art itself. In other cases, museums invited artists to create derivative works based on museum collections. The purpose of the artwork was to call attention to the power hierarchy and elitism in the art world.

Copyright Law 111

Copyright Law Copyright Law Art 111

43(B)log

FEBRUARY 2, 2024

DJ sought declaratory judgment that Prince Series as such was transformative, grounded in the artwork itself; a static claim w/o regard to specific use or purpose. The difference b/t Justice Story’s © and today: the derivative work right: why would substitution be the core problem? We don’t know why or how he created.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49