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The Battle Lines Over AI Art

Plagiarism Today

Though every AI is different in how it operates, some feel that AIs are not creating new works, but creating derivative works based on existing images. Plagiarism: Though humans do direct AIs in the creation of art, humans are not doing the actual drawing, painting or creation of the work.

Art 349
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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles. Vila’s Motion.

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Using that classic piece of art on a book cover: Grr…

The IPKat

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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Miramax, Tarantino and a Fight Over Bright Shiny Objects

Copyright Lately

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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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

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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What Copyright’s “Unclaimable Material” Rules Mean for Hollywood’s Use of AI

Copyright Lately

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. What is Unclaimable Material? Previously registered material. Material that is in the public domain.

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Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. Vanity Fair used it (pursuant to a license) to publish Warhol’s illustration in 1984. Warhol used it to create the other Prince Series works.