Artwork Definition Derivative Work 
Plagiarism Today
SEPTEMBER 14, 2022
Many artists have found their work in the libraries of different AI systems and have expressed anger over it. Though every AI is different in how it operates, some feel that AIs are not creating new works, but creating derivative works based on existing images. Whether that is true under the law has not been tested.
Kluwer Copyright Blog
JUNE 5, 2023
Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. However, such uses must be licensed or be held unfair.
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Copyright Lately
JANUARY 23, 2023
Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. The Copyright Act Definition is Broad, But.
LexBlog IP
DECEMBER 21, 2023
On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph. 1] See id.
Copyright Lately
MAY 6, 2022
The same rule applies to digital artworks sold as NFTs. Definitely. Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes.
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.
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.
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