43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

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Copyright Lately

SEPTEMBER 12, 2022

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.

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Kluwer Copyright Blog

MARCH 10, 2025

Image via Pixabay We have so far seen a considerable (and increasing) discussion on AI and copyright infringement, especially in terms of how current exceptions such as TDM and fair use apply and whether new exceptions or remuneration models are needed. It will depend on how AI developers designed and trained the algorithm. Australia).

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Copying Fair Use Copyright Law Copyright 52

IPilogue

JULY 18, 2022

Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. It protects the authors’ exclusive rights to reproduce and publish their creations.

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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. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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Copyright Lately

MARCH 31, 2024

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. The UKIPO has since been speaking with specific stakeholders.

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SpicyIP

MAY 18, 2022

A list of trademarks applied for in the EU for ‘ downloadable virtual goods’ and ‘online virtual services’ was recently published by The IPKat here. In the US too, several companies are protecting their trademarks for similar goods and services. Dec 21, 2021.

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Intellectual Property Law Blog

OCTOBER 3, 2023

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.

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Erik K Pelton

DECEMBER 20, 2022

which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US. The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Queen of Christmas.

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Above the Fold

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. The Supreme Court will now determine whether Warhol violated copyright law.

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Art Copyright Fair Use Artwork 52

LexBlog IP

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. The Court is expected to hear arguments this fall.

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Art Copyright Fair Use Artwork 52

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use. This time, in 2013, the judgement in favour of Cairou was overturned.

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Copyright Infringement Editing Copyright Artistic Work 52

Dear Rich IP Blog

JANUARY 16, 2024

The expiration date would be different if the letters or poems had been published (95 years from publication or 70 years from the author's death, depending upon the year of publication ). However, people who find abandoned artwork, manuscripts, and musical recordings can claim ownership of the physical objects.

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Ownership Fair Use Artwork Copyright 59

SpicyIP

MARCH 10, 2023

The territory would ideally have to be the world, for an artwork or an article published online, and also, it would be difficult to practically take down the same after 5 years. When used in a manner that is commercial or public, the Output might not even qualify as fair use, unless it is sufficiently transformative.

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Copyright Copyright Law Ownership Copyright Infringement 105

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

Copyright 125

Copyright Art Copyright Law Licensing 125

Kluwer Copyright Blog

NOVEMBER 26, 2023

Copyright Office subsequently reversed its decision to register her copyright ), she has since applied to register a new artwork. Copyright Office subsequently published a notice of inquiry in the Federal Register on 20 August 2023. Following a failed attempt to register her graphic novel ( when the U.S.

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Registration Copyright Law Artwork Copyright 64

LexBlog IP

OCTOBER 10, 2023

However, in 5Pointz the building owner consented to the artwork installation. So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? This is almost exactly the same fact pattern as the 5Pointz case. ” Canilao v.

Social Media 52

Social Media Art Fair Use Moral Rights 52

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In the United States, the Copyright Act outlines the concept of fair use – situations where usage does not require authorization.

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IIPRD

JUNE 9, 2024

Copyrights Any original work created by any creator from an intellectual activity published in any form or medium will get automatic protection under copyright. Hermès claimed that Rothschild’s digital artworks infringed upon its legally protected intellectual property rights. Mason Rothschild.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

The IPKat

JULY 9, 2023

It emerges that brands should pay for the use of street artworks. The number of registrations with the US Copyright Office has been growing since the 1970s. The use of cease-and-desist letters is widespread too. It should also be noted that appropriating artists such as Jeff Koons have also won disputes based on fair use.

Art 59

Art Copyright Moral Rights Cease and Desist 59

LexBlog IP

OCTOBER 3, 2023

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.”

Copyright 52

Copyright Copyright Law Artistic Work Artwork 52

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. The published article acknowledges Goldsmith. by Dennis Crouch.

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LexBlog IP

APRIL 13, 2022

26] The defendants denied many of the allegations in the complaint, and asserted several affirmative defenses, including that the NFTs fell under the fair use exception to the Copyright Act. [27] by other innovators that also use NFTs to track title to physical goods held in a vault, such as fine art, whiskey, and wine.” [43].

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Non-Fungible Tokens Social Media Contracts Branding 52

43(B)log

FEBRUARY 2, 2024

Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement. 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. There was no evidence of other use by WF itself.

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Fair Use Derivative Work Licensing Marketing 49

Kluwer Copyright Blog

JANUARY 21, 2025

Is Generative AI Fair Use of Copyright Works? order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? OpenAI by Mira T.

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LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

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Intellectual Property Music Copyright Fair Use 52