Artwork, Copying, Copyright Law and Fair Use - Intellectual Property Pulse

Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

Fair Use

Fair Use Copyright Moral Rights Copyright Law

Supreme Court Rules adaption of Warhol print not “fair use”

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

Fair Use

Fair Use Derivative Work Artwork Copyright Infringement

SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

The IP Law Blog

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use

Fair Use Derivative Work Artwork Copyright Law

The stubborn memory of generative AI: overfitting, fair use, and the AI Act

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Litigation against these models has piled up at the same breakneck speed as they have gained ground.

Fair Use

Fair Use Copyright Copying Technology

No Fair Use for Warhol Prince Photo

LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

Fair Use

Fair Use Artwork Intellectual Property Copyright Law

SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use

Fair Use Derivative Work Artwork Copyright Law

Why do artists infringe copyright – the tension between artistic creativity and copyright law

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. In this sense, the act of copying is the very medium of Warhol’s art.

Copyright Law

Copyright Law Copyright Law Art

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use

Fair Use Derivative Work Copying Licensing

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

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

Fair Use

Fair Use Derivative Work Copyright Law Art

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use

Fair Use Derivative Work Copying Licensing

Using AI Artwork to Avoid Copyright Infringement

Copyright Lately

OCTOBER 24, 2022

This was the late ’90s, and the entertainment industry was still reeling from a well-publicized copyright infringement lawsuit involving the movie 12 Monkeys. In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair.

Artwork

Artwork Copyright Infringement Copyright Art

Fair Use Clauses & Non Fungible Tokens

Traverse Legal Blog

OCTOBER 20, 2022

If you don’t own the NFT, you might still wonder how you can use the image which appears on Google search or at the OpenSea marketplace. Can I copy and use a digital asset linked to an NFT? Trademark infringement and copyright infringement are risks which you need to assess before you buy an NFT or use a linked digital asset.

Non-Fungible Tokens

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use

Fair Use Art Licensing Derivative Work

Spanish Court finds that virtual exhibition of NFTs based on paintings is "harmless use"

The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

Moral Rights

Moral Rights Artwork Fair Use Copyright

Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. You get the idea.

Copyright

Copyright Derivative Work Artwork Fair Use

Is the Grinch Slasher Film a Protected Parody?

Plagiarism Today

DECEMBER 8, 2022

Every word and script choice was chosen with the intention of really sticking to the letter of the law and making sure that we are a parody. While parody isn’t protected in the Constitution, fair use was codified into U.S. law with the Copyright Act of 1978, his point remains. Porn Parodies and Fair Use.

Cease and Desist

Cease and Desist Fair Use Artwork Plagiarism

Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

Copyright

Copyright Fair Use Copyright Law Law

The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law.

Copyright

Copyright Derivative Work Fair Use Copyright Law

Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

JANUARY 23, 2023

Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” The current Stable Diffusion model uses about 5 gigabytes of data.

Derivative Work

Derivative Work Art Copying Fair Use

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. We were not aware that the image may have been created by AI” 2.

Copyright

Copyright Art Fair Use Registration

Book review: Copyright in the street. An Oral History of Creative Processes in Street Art and Graffiti Subcultures

The IPKat

JULY 9, 2023

As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms. This chapter examines whether street artists and writers are interested in copyright.

Art

Art Copyright Moral Rights Cease and Desist

Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

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.,”

Intellectual Property

Intellectual Property Music Copyright Fair Use

Intellectual Property Pulse

Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Supreme Court Rules adaption of Warhol print not “fair use”

Trending Sources

SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

The stubborn memory of generative AI: overfitting, fair use, and the AI Act

No Fair Use for Warhol Prince Photo

SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

Why do artists infringe copyright – the tension between artistic creativity and copyright law

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

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

Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

Using AI Artwork to Avoid Copyright Infringement

Fair Use Clauses & Non Fungible Tokens

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

Spanish Court finds that virtual exhibition of NFTs based on paintings is "harmless use"

Deadly Dolls and a Forgotten Copyright Exception

Is the Grinch Slasher Film a Protected Parody?

Generative AI, Copyright and the AI Act

The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Artists Attack AI: Why The New Lawsuit Goes Too Far

AI and copyright in 2022

Top 3 posts for summer reading from our IP law blogs

Book review: Copyright in the street. An Oral History of Creative Processes in Street Art and Graffiti Subcultures

Spring Cleaning: Decluttering From Recent Intellectual Property Detritus & Dusting Off Old Posts

Stay Connected