Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The amount and substantiality of the portion used in relation to the copyrighted work. The effect upon the potential market for or value of the copyrighted work. [8]

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IP Tech Blog

JUNE 2, 2023

In the weeks that followed, the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Goldsmith et al, Case No. Goldsmith et al, Case No.

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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. Question presented : Whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as the Supreme Court, U.S.

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Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. Want to Create New Derivative Works?

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Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

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Intepat

OCTOBER 7, 2022

Further, it would enable a person to determine the extent of each and take the necessary steps to safeguard their creative work. Further, the Copyright protects the following types of original artwork. a collage, sculpture, photograph , or graphic work; 2. a building or model of a building that is an architectural work; or.

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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. At issue before the Supreme Court in Andy Warhol Foundation for the Visual Arts Inc. Applying a new lens on how to view the purpose of a derivative work under U.S.

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LexBlog IP

JUNE 2, 2023

In the weeks that followed, the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Goldsmith et al, Case No.

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Fair Use Derivative Work Copying Licensing 52

The IPKat

JUNE 27, 2022

A digital file (an artwork, a song, etc.), Ripps has clearly downloaded the digital files of the original BAYC collection, copied and re-used them to create his own RR BAYC collection. The work is an extension of and in the spirit of other artists who have worked within the field of appropriation art”.

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Intepat

OCTOBER 7, 2022

Therefore, it is advised that fashion designers register their artwork in accordance with the rules of the Designs and Copyright law. This means protecting significant rights to their original works. To protect original ideas: When someone comes up with a unique idea, others try to copy it for their own financial gain.

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The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

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Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. A used copy will set you back $1.09; for reasons unknown, a new copy is going for $113.03—In

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LexBlog IP

MAY 19, 2023

Condé Nast paid the Andy Warhol Foundation for the Visual Arts, Inc. (“AWF”) $10,000 for the license, while Goldsmith received neither a license fee nor a source credit. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original.

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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. ” Andy Warhol Foundation For Visual Arts, Inc. ” Andy Warhol Foundation For Visual Arts, Inc. But make no mistake, Warhol v.

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LexBlog IP

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith and, as a result, did not constitute fair use. [2]

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Fair Use Licensing Cease and Desist Derivative Work 52

IP and Legal Filings

JANUARY 23, 2023

Such works of art benefit the creator, and they are protected by the law of intellectual property. In today’s digital world, a lot of data and information have been shared online and are susceptible to corruption and copying. NFTs give creative and artistic people a forum to digitally assess their creative work.

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Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] A film based on a book serves as an example.

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LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. Andy Warhol Foundation for the Visual Arts, Inc. Many derivative works.

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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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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. Ownership of NFTs.

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Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Your Copy-Rights.

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Kluwer Copyright Blog

OCTOBER 4, 2023

Identifying Commonalities among Parody, Pastiche, and Caricature The nature of parody, pastiche, and caricature has spawned extensive discourse among various art fields over time. In summary, parody, pastiche, and caricature all rely on imitation and copying as a means of generating new expressions.

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Copyright Law Art Copyright Law 86

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Your Copy-Rights. That’s understandable.

Intellectual Property 52

Intellectual Property IP Invention Designs 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

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US).

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