Remove Artwork Remove Fair Use Remove Intellectual Property Law
article thumbnail

AI and Fair Use: Navigating Legal Challenges in India and the United States

IIPRD

One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use.

article thumbnail

Supreme Court Rules adaption of Warhol print not “fair use”

Indiana Intellectual Property Law

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Intellectual Property Law Blog

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] 10] The more transformative a work is, the more likely it is to be considered fair use. 14] Justice Sotomayor noted that Campbell v.

Fair Use 130
article thumbnail

Generative AI and Copyright – Some Recent Denials and Unanswered Questions

Intellectual Property Law Blog

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. The Copyright Office denied protection for Jason Allen’s science-fiction themed artwork “Theatre D’opera Spatial,” which he created with an AI tool called “Midjourney.” Perlmutter, et.

Copyright 147
article thumbnail

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

LexBlog IP

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

article thumbnail

The Evolving Jurisprudence of Copyright in AI-Generated Works

IIPRD

Blog sought to study global moves or court cases that have taken place regarding uses of copyright in made-always-with-an-AI creation and provide discussion over possible solutions to the future of intellectual property laws. Copyright Office.

article thumbnail

IP and NFTs: Where are We?

LexBlog IP

Indeed, the directors of the US Patent and Trademark Office and US Copyright Office are in the process of conducting a joint study to untangle the various interests at play, having promised Sens. .”

IP 52