Indiana Intellectual Property Law

JUNE 1, 2023

The court’s decision has significant implications for artists and content creators, as it raises questions about the transformative nature of derivative works.

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Fair Use Derivative Work Artwork Copyright Infringement 97

The IP Law Blog

MAY 25, 2023

The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

TorrentFreak

JUNE 22, 2022

“The Film is a derivative work created from the Screenplay, not the other way around. For example, the early artwork featured iconic depictions of Samuel L. The original artwork was labeled as copyright-infringing by Miramax so this change appears to be a direct response to this claim.

Non-Fungible Tokens 139

Non-Fungible Tokens Artwork Copyright Infringement Derivative Work 139

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.

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Artwork Derivative Work Copyright Editing 52

The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book.

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Art Artwork Copying Moral Rights 134

TorrentFreak

JULY 28, 2021

The plaintiffs believe that Ring-1 or those acting in concert with them fraudulently obtained access to the games’ software clients before disassembling, decompiling and/or creating derivative works from them. 1201(a)(2)).

Copyright Infringement 141

Copyright Infringement Copyright Derivative Work Social Media 141

Copyright Lately

MAY 6, 2022

The same rule applies to digital artworks sold as NFTs. 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.

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Derivative Work Licensing Artwork Contracts 95

TorrentFreak

NOVEMBER 2, 2022

Other claims in the complaint include the unlawful reproduction of copyrighted artwork and game files, plus inducing and contributing to the copyright-infringing acts of Ring-1 customers, who allegedly create unauthorized derivative works when they deploy Ring-1 cheats. Defendants Picked Off, One By One.

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Settlement Cease and Desist Confidentiality Derivative Work 135

Kluwer Copyright Blog

OCTOBER 5, 2022

By purchasing an NFT one only purchases an actual digital token that normally contains a link to or a copy of a digital artwork. That artwork itself is a copyrighted work and the NFT owner will only have rights to that copyrighted work if these have been specifically assigned or licensed to them as required by law.

Licensing 114

Licensing Technology Public Domain Non-Fungible Tokens 114

IPilogue

JULY 18, 2022

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. Viewed through the app, Pollock’s paintings are either retouched or entirely replaced.

Copyright Law 111

Copyright Law Copyright Law Art 111

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Intellectual Property Law Blog

JUNE 5, 2023

11] However, the Supreme Court rejected these arguments, holding that when an original work and secondary use share the same or highly similar purposes, and the secondary use is commercial, the first fair use factor is likely to weigh against application of the fair use defense. [12] 14] Justice Sotomayor noted that Campbell v.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), While major projects (like BAYC) deploy their own tailor-made smart contract directly in the blockchain, most NFTs are created through the proprietary smart contract of platforms like OpenSea or Foundation. These digital files are freely downloadable by everyone (there is no DRM protection in NFTs).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

LexBlog IP

MAY 25, 2023

The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

IP Tech Blog

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

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 129

Copying Non-Fungible Tokens Contracts Copyright 129

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

Artwork 83

Artwork Contracts Art False Advertising 83

Copyright Lately

AUGUST 25, 2023

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence. ” Dr. Importantly, however, there will still be no copyright protection in the AI-generated material itself.

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Derivative Work Registration Copyright Public Domain 89

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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Fair Use Derivative Work Copyright Law Art 52

IP and Legal Filings

JANUARY 23, 2023

An illustration of this idea is that, unless the owner of the copyright expressly grants such a right in writing, a buyer of a sculpture only receives the right to exhibit it, not to make copies of it or derivative works. Due of NFT’s anonymous feature, it gets extremely hard to determine who created a piece of work.

Non-Fungible Tokens 98

Non-Fungible Tokens Copyright Intellectual Property Ownership 98

Kluwer Copyright Blog

JULY 24, 2024

T2I model Lensa , e.g., granted the user ‘a perpetual, revocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, adapt, translate, create derivative works’.

Copyright 135

Copyright Ownership Social Media Licensing 135

LexBlog IP

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

Fair Use 40

Fair Use Art Licensing Derivative Work 40

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. 2] This shift i.e. from assisting work to generating it has taken the legal regime of IPR by a storm of confusion and questions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

Traverse Legal Blog

JANUARY 29, 2022

If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

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.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kashishipr

JUNE 16, 2021

Theft of Copyright: Generally, Copyright Infringement happens when an original film or artwork or musical work, or software code is reproduced (in whole or part) bearing similarity to the original work or has multiple and identifiable elements copied in a derivative work.

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

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.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

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.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Brands 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.

Trademark 62

Trademark Non-Fungible Tokens Brands Branding 62

LexBlog IP

JUNE 5, 2023

11] However, the Supreme Court rejected these arguments, holding that when an original work and secondary use share the same or highly similar purposes, and the secondary use is commercial, the first fair use factor is likely to weigh against application of the fair use defense. [12] 14] Justice Sotomayor noted that Campbell v.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

11] However, the Supreme Court rejected these arguments, holding that when an original work and secondary use share the same or highly similar purposes, and the secondary use is commercial, the first fair use factor is likely to weigh against application of the fair use defense. [12] 14] Justice Sotomayor noted that Campbell v.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

OCTOBER 4, 2023

To engage with such artworks, viewers must actively decipher cultural references and layers of meaning, often requiring a degree of cultural and artistic literacy. This complexity rendered these concepts open-textured and context-dependent. The same holds true for parody and caricature. This perspective appears well-founded.

Copyright Law 88

Copyright Law Art Copyright Law 88

Kluwer Copyright Blog

JULY 16, 2023

.” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? 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.

Blogging 52

Blogging Law IP Fair Use 52

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 Contracts Confidentiality Copyright 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? There is disagreement among commentators whether this is a desirable development.

Copyright 138

Copyright Copyright Law Fair Use Law 138

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.” (Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). Factual and Procedural Background.

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