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How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Kluwer Copyright Blog

Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). However, such uses must be licensed or be held unfair. Acuff-Rose Music, Inc.

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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter.

Copyright 117
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Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

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NFT Update:  5 Recent Lawsuits Show a Glimpse into Future Legal Battles Involving NFTs 

LexBlog IP

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] StockX asserted several affirmative defenses, including fair use and the first sale doctrine, claiming that Nike’s suit “threatens the legitimate use of NFTs.