Artwork Definition Derivative Work Marketing 
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. Hence, the Foundation’s use was non-transformative.
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.
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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.
Kluwer Copyright Blog
AUGUST 7, 2023
Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] 2] At one end of the spectrum, we find plagiarism: a completely derivative work that fails to contribute any creative elements to the original piece.
Kluwer Copyright Blog
OCTOBER 4, 2023
This provision, while optional, is rendered mandatory for online use on select major platforms under Article 17(7) of the copyright and related rights in the Digital Single Market Directive ( CDSM ). Hutcheon’s broad definition encompasses a wide array of hypertextual forms beyond traditional parody.
Kluwer Copyright Blog
MAY 9, 2023
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. Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works?
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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