Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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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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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

Intepat

OCTOBER 7, 2022

As a result, intellectual property refers to creations such as innovations, industrial product designs, literary and creative works, and symbols that are later used in business. Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. Design Rights.

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IP Tech Blog

JANUARY 4, 2023

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. Is this the same in the US and China? The United States.

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IP Ownership Non-Fungible Tokens Copyright Law 109

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.

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Copyright Intellectual Property Derivative Work Editing 52

Kluwer Copyright Blog

JULY 24, 2024

There was almost no reference to ownership of training data that had come from parties other than the contractual partners. Did model providers undertake content moderation (e.g. prompt filtering) to try to reduce the risk of copyright infringement in outputs? Question 1 gave inconsequential results re inputs.

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Copyright Ownership Social Media Licensing 130

IP and Legal Filings

JANUARY 23, 2023

An illustration of this idea is that, unless the owner of the copyright expressly grants such a right in writing, a buyer of a sculpture only receives the right to exhibit it, not to make copies of it or derivative works. Due of NFT’s anonymous feature, it gets extremely hard to determine who created a piece of work.

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Non-Fungible Tokens Copyright Intellectual Property Ownership 92

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. The same holds true for parody and caricature. This perspective appears well-founded.

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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.

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Copyright Lately

MAY 22, 2023

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. Finally, what would a copyright blog in 2023 be without a reference to AI-generated content? But make no mistake, Warhol v. The impact of Warhol v.

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LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. .”

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Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

JANUARY 4, 2023

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. Is this the same in the US and China? The United States.

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.

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Fair Use Art Licensing Copyright Infringement 52

Traverse Legal Blog

JANUARY 29, 2022

If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc.

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LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Kluwer Copyright Blog

MAY 9, 2023

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.

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Copyright Copyright Law Fair Use Law 135

43(B)log

AUGUST 9, 2024

seems like this is going to have trouble with derivative works] Amanda Levendowski, Fairer Public Benefit Bias and harms of works aren’t taken into account in fair use analysis: recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems.

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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. The Copyright Act promises the original creator some amount of control over similar and follow-on works. The published article acknowledges Goldsmith.

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Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” Here, the statutory language is clear that materiality is now to be determined solely by reference to the Copyright Office. Factual and Procedural Background.

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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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43(B)log

FEBRUARY 2, 2024

DJ sought declaratory judgment that Prince Series as such was transformative, grounded in the artwork itself; a static claim w/o regard to specific use or purpose. The difference b/t Justice Story’s © and today: the derivative work right: why would substitution be the core problem? We don’t know why or how he created.

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