Kluwer Copyright Blog

MAY 9, 2022

Acuff-Rose Music, Inc., Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. It held that Warhol’s use was not transformative because the photograph was the “recognizable foundation” of the Warhol Prince Series.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

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Fair Use Derivative Work Art Licensing 97

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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Fair Use Art Licensing Copyright Infringement 52

TorrentFreak

JANUARY 17, 2024

Acuff-Rose Music, Inc. is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .”

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Copyright Derivative Work Fair Use Reporting 117

Copyright Lately

MAY 1, 2023

The world’s largest record company says it has a clear view of the legal landscape surrounding AI-generated music. If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. The reality is more complicated.

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Music Copyright Copying Copyright Law 84

Copyright Lately

AUGUST 2, 2022

But this time, Netflix is the one doing the suing, and it’s targeting the creators of “ The Unofficial Bridgerton Musical ” with what I’ll call “The Official Bridgerton Musical Copyright Infringement Lawsuit” (read here). Okay, But What if Bridgerton Was a Musical?

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Music Derivative Work Fair Use Cease and Desist 102

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. Goldsmith involved the recasting by Andy Warhol, in or about 1984, of a photograph of the music artist Prince into an orange-hued silkscreen rendition (Orange Prince). 1258, (2023).

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Fair Use Licensing Music Art 105

Copyright Lately

JANUARY 23, 2023

It will learn that tables most commonly have four legs, but not always; that tables found in a dining room are used for seated persons to eat meals, while tables found next to a bed are used to hold objects like alarm clocks; that tables don’t need to be made from any particular material or have a particular color, etc.

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Derivative Work Art Copying Fair Use 106

Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed.

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Fair Use Licensing Derivative Work Art 98

The IP Law Blog

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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Fair Use Derivative Work Copying Licensing 52

LexBlog IP

JULY 6, 2023

Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the use. Prior to this case, the focus has been on the transformative nature of the work itself. The Supreme Court in Campbell v.

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Fair Use Derivative Work Copying Licensing 52

Velocity of Content

JUNE 8, 2022

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. All copyrights, except one, expire.*.

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Derivative Work Public Domain Copyright Fair Use 105

The IPKat

DECEMBER 20, 2023

by Despoina Dimitrakopoulou Recently, the news of reggaeton mega-star Bad Bunny's eloquently put disappointment spread on social media, bringing up interesting questions concerning music creation using AI. AI-generated music has also taken music platforms such as Spotify by storm.

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Music Social Media Copying Derivative Work 70

JIPL Online

MARCH 15, 2021

7] Before the court could decide if the subtitled version, a type of derivative work, could still be protected even if the underlying film on its own was available to be used by all, both parties settled. [8]. 14] Before lawyers got involved, pressure from the photographer resulted in the granting of a licensing fee. [15]

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Copyright Infringement Copyright Public Domain Derivative Work 98

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI?

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Derivative Work Copyright Fair Use Copyright Law 59

Intellectual Property Law Blog

JUNE 5, 2023

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

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Fair Use Licensing Cease and Desist Derivative Work 130

Patently-O

SEPTEMBER 1, 2023

A core inquiry is whether original works that would ordinarily be copyrightable should be denied unless a human author is identified. Generative AI models produce outputs like text, art, music, and video that appear highly creative and would certainly meet copyright’s originality standard if created by natural people.

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Copyright Copying Derivative Work Licensing 120

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Goldsmith involved the recasting by Andy Warhol, in or about 1984, of a photograph of the music artist Prince into an orange-hued silkscreen rendition (Orange Prince).

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Fair Use Licensing Art Music 52

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. Acuff-Rose Music, Inc. , Goldsmith , No. 21-869 (May 18, 2023).

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LexBlog IP

SEPTEMBER 12, 2023

The text also emphasizes the need to navigate the gray areas of copyright law, including understanding Fair Use and the distinction between Open Source and Copyrighted Material. In the context of AI, this could range from the data you’re using to train your models to the output your AI generates.

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Copyright Fair Use Copyright Law Intellectual Property 52

Traverse Legal Blog

SEPTEMBER 12, 2023

The text also emphasizes the need to navigate the gray areas of copyright law, including understanding Fair Use and the distinction between Open Source and Copyrighted Material. In the context of AI, this could range from the data you’re using to train your models to the output your AI generates.

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. Goldsmith involved the recasting by Andy Warhol, in or about 1984, of a photograph of the music artist Prince into an orange-hued silkscreen rendition (Orange Prince). 1258, (2023).

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Fair Use Licensing Music Art 40

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. Warhol was never personally a party to the license). 21-869 (2022).

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Fair Use Copyright Derivative Work Art 134

IIPRD

APRIL 8, 2024

And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces? Creator’s will need to keep an eye out to monitor such generators in case work derived from theirs appears.

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Art Artwork Intellectual Property Copyright Law 52

43(B)log

FEBRUARY 3, 2023

Mostly music infringement. Calculate total number of six note sequences in music? Some will occur more often than others due to how music works? MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers.

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Copyright Copying Music Fair Use 57

Kluwer Copyright Blog

DECEMBER 12, 2023

From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). Sampling of music is a case in point. To facilitate the process of TDM, data is the key.

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Copyright Derivative Work Music Designs 74

LexBlog IP

JUNE 5, 2023

’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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

JUNE 5, 2023

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only. .”

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Fair Use Derivative Work Art Licensing 52

Velocity of Content

APRIL 11, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. How Content Use in LLMs Relate to Copyright How does this relate to the lawsuits?

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Licensing Fair Use Copying Copyright 52

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Acuff-Rose Music, Inc. It’s certainly not the only question.

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Fair Use Art Copyright Social Media 77

Kluwer Copyright Blog

JULY 16, 2023

Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.” by Pamela Samuelson “In March 2022 the U.S.

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Blogging Law IP Fair Use 52

43(B)log

FEBRUARY 4, 2023

Music sampling: the tapestry/raw materials of early hip-hop practice make those kinds of works works assets that can’t attract investment. are scenes a faire. Indian classical music: Raga system is the basic framework for composition and improvisation. Is publicly cancelling a work abandonment? Who sues who?

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Copyright Editing Settlement Music 62

Kluwer Copyright Blog

MAY 9, 2023

AI-generated vocals are roiling the music industry , with platforms acting to take down infringing content. Authors and copyright holders are concern ed that generative AI tools are built on the unauthorized and unremunerated use of their works, while at the same time negatively impacting their livelihood.

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Copyright Copyright Law Fair Use Law 136

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

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Copyright Fair Use Privacy Derivative Work 57

Copyright Lately

OCTOBER 25, 2021

You can always get drunk and order random stuff on Amazon curl up with a scary book or Halloween-themed movie, game or music video that’s found its way into copyright history. So, without further ado, here are 13 Halloween-themed works that someone (hopefully other than you) got sued for. ROMERO’S DAWN OF THE DEAD.

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Copyright Cinema Copying Copyright Infringement 144

LexBlog IP

APRIL 13, 2022

On August 6, Roc-A-Fella filed an amended complaint, naming GoDigital, a company to which Dash allegedly granted the right to license Reasonable Doubt to certain websites, as a co-defendant. [13] According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction.

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