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How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Kluwer Copyright Blog

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. However, such uses must be licensed or be held unfair.

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Using that classic piece of art on a book cover: Grr…

The IPKat

Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book. You can't judge a book from its cover". True, except when a book and its cover are involved.

Art 134
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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

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. Vila’s Motion.

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Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

In addition, the original images scanned into those databases, unlike Google’s display of book snippets, are never shown to end users. This arguably makes the use of copyrighted works by by Stable Diffusion even more transformative than Google Book Search. You’d be wrong. The Copyright Act Definition is Broad, But. 17 U.S.C. §

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AI Generated Art and its conflict with IPR

IIPRD

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. 2] This shift i.e. from assisting work to generating it has taken the legal regime of IPR by a storm of confusion and questions.

Art 52
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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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What Copyright’s “Unclaimable Material” Rules Mean for Hollywood’s Use of AI

Copyright Lately

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence. ” Dr. Importantly, however, there will still be no copyright protection in the AI-generated material itself.