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 94

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

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

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

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. With the development of latest technologies like the Creative Adversarial Network (“CAN”), many areas which were yet unexplored in the realm of Intellectual Property Rights have arisen.

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Derivative Works and AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Derivative Work Editing 52

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

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

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Trademark Non-Fungible Tokens Branding Brands 62

LexBlog IP

MAY 19, 2023

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. This could potentially stifle creativity and limit the use of derivative works in commercial contexts.

Fair Use 40

Fair Use Art Licensing Derivative Work 40

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.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 52

Trademark Non-Fungible Tokens Intellectual Property Branding 52

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

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

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

Technology & Marketing Law Blog

MARCH 7, 2022

In the interests of full disclosure, readers should note that I wrote and submitted an amicus brief , on behalf of myself and four other intellectual property professors, in support of the copyright owner (Unicolors), in this case. Accordingly, the Court vacated the Ninth Circuit’s opinion and remanded the case.

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Registration Blogging Copyright Designs 98

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

LexBlog IP

APRIL 13, 2022

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] Adams created an original digital artwork that “reinterpret[ed] and recontextualize[d] the album cover to create a new contemporary take on a portrait that defined an era.”

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Intepat

OCTOBER 7, 2022

Intellectual property is a type of property formed by a person’s various ideas or intellect. In other words, it results from a person’s intellectual pursuits. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and Industrial design.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

Intepat

OCTOBER 7, 2022

Intellectual property is a type of property that is formed by a person’s various ideas or intellect mind; in other words, it is the result of a person’s intellectual pursuits. As an artist or designer, one should be aware of two forms of intellectual property (IP) rights: copyright and design rights.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. That’s understandable.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

IP Tech Blog

JANUARY 4, 2023

What is the intellectual property right that most suits NFTs? Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

JANUARY 4, 2023

What is the intellectual property right that most suits NFTs? Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works.

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

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.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

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Licensing Fair Use Copyright Derivative Work 52