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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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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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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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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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.

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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.

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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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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.

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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.

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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.”

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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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Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

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Copyright Lately

OCTOBER 24, 2022

” incident that results in a published court decision, there are dozens of others that are resolved quickly and quietly out of court. Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. copyright law.

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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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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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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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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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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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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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Copyright Lately

APRIL 6, 2025

Bibas Kicks It Upstairs The first case to directly address fair use in AI training is now heading to a federal appeals court, as Judge Stephanos Bibas has decided to certify an interlocutory appeal in Thomson Reuters v. More importantly, Judge Lee thought the publishers failed to show irreparable harm. Ross Intelligence.

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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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