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. Acuff-Rose Music, Inc., 569, 579 (1994)) that will clearly be fair use.

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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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Copying Non-Fungible Tokens Contracts Copyright 128

IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. Is this the same in the US and China? Can other IP rights like trademarks play a role in protecting NFTs?

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IP Ownership Non-Fungible Tokens Copyright Law 109

Kashishipr

JUNE 16, 2021

Copyright and trade secrets like software, secret formula/recipes, music, etc., Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., by using the internet and computers as a medium.

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Intellectual Property IP Confidentiality Registering Trademarks 98

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.

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Art Artwork Intellectual Property Copyright Law 52

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. Examples of AI-Generated Material A.

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Copyright Intellectual Property Derivative Work Editing 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. Acuff-Rose Music, Inc.,

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. .”

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LexBlog IP

JUNE 5, 2023

The effect upon the potential market for or value of the copyrighted work. [8] 10] The more transformative a work is, the more likely it is to be considered fair use. 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] It will impede new art, music and literature.

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

The effect upon the potential market for or value of the copyrighted work. [8] 10] The more transformative a work is, the more likely it is to be considered fair use. 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] It will impede new art, music and literature.

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Fair Use Licensing Cease and Desist Derivative Work 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. Goldsmith , 11 F.4th

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Fair Use Art Licensing Copyright Infringement 52

LexBlog IP

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. Is this the same in the US and China? Can other IP rights like trademarks play a role in protecting NFTs?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

43(B)log

AUGUST 9, 2024

Visual art for examples, but can be extended to music and text. Methodology actually applied to fair use cases: a D who creates an artwork for exhibition or sale will almost never compete. What about widely distributed works? This is also probably true of a lot of the derivative work stuff.

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Fair Use Marketing Marketing Licensing 59

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.”

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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. Acuff-Rose Music, Inc. However, such uses must be licensed or be held unfair.

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Derivative Work Fair Use Licensing Art 93

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. Acuff-Rose Music, Inc. , The Copyright Act promises the original creator some amount of control over similar and follow-on works. 569 (1994).

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Fair Use Copyright Derivative Work Art 134

Kluwer Copyright Blog

JULY 24, 2024

Since then, large models generating not just text and image but also video, games, music and code, have become a global obsession, touted as set to revolutionise innovation and democratise creativity, against a background of media frenzy.

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Copyright Ownership Social Media Licensing 135

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. That’s understandable.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Kluwer Copyright Blog

JULY 16, 2023

Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.” by Pamela Samuelson “In March 2022 the U.S.

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Blogging Law IP Fair Use 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. 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.

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Intellectual Property IP Invention Designs 52

Kluwer Copyright Blog

MAY 9, 2023

AI-generated vocals are roiling the music industry , with platforms acting to take down infringing content. Authors and copyright holders are concern ed that generative AI tools are built on the unauthorized and unremunerated use of their works, while at the same time negatively impacting their livelihood.

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Copyright Copyright Law Fair Use Law 138