Remove Artwork Remove Derivative Work Remove Editing Remove Licensing
article thumbnail

How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Kluwer Copyright Blog

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.

article thumbnail

NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

The exclusivity of exploitation is key to the success of a limited-edition collectible. If the other opinion becomes the standard, whoever mints the artwork first will be the copyright owner and the artist could be at risk of losing their artwork in NFT form. Is this the same in the US and China? The United States.

IP 109
article thumbnail

IP Protection of NFTs: A Comparative Look at the US and China

LexBlog IP

The exclusivity of exploitation is key to the success of a limited-edition collectible. If the other opinion becomes the standard, whoever mints the artwork first will be the copyright owner and the artist could be at risk of losing their artwork in NFT form. Is this the same in the US and China? The United States.

IP 52
article thumbnail

How to Avoid Pitfalls on the Way to Decentralized Disney

Copyright Lately

What about editing some NBA Top Shots moments to create a fantasy matchup between Michael Jordan and Steph Curry? For that, you’d need an assignment or license from the owner of the underlying copyright. The same rule applies to digital artworks sold as NFTs. Want to Create New Derivative Works?

article thumbnail

Copyright and Generative AI: What Can We Learn from Model Terms and Conditions?

Kluwer Copyright Blog

Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g. In almost every model studied, ownership of outputs was assigned to the user, but in many cases, an extensive license was also granted back to the model provider for coexisting use of the outputs.

Copyright 128
article thumbnail

Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

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 134