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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

To fully understand these conflicting views of the majority opinion, it is necessary to understand both the specific facts of the case and the history of the Supreme Court’s case law concerning the fair-use doctrine. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Court Rules Lego Creation Based on Religious Texts is Eligible for Copyright Protection

The IP Law Blog

Thus, here, given that the plaintiff has Copyright Registrations, the burden shifts to Defendants to come forward with “evidence that the work[s] [were] copied from the public domain.” As a result, Defendants contend that Plaintiff’s Second Holy Temple Product can be copied and used in derivative works.

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. For instance, CrypToadz is a prominent CC0 NFT project wherein the artwork related to the NFT is in the public domain.

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It’s a Wonderful Copyright

LexBlog IP

The simple answer: public domain came to the rescue. Under copyright law in the 1940s, copyrights registered for an initial 28-year period, and that period could then be renewed for an additional 28 years with proper filings. Supreme Court precedent to sort of “reclaim” the copyright.

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AI Music Outputs: Challenges to the Copyright Legal Framework – Part I

Kluwer Copyright Blog

The creation and development of copyright law are closely connected to technological and associated business transformations (see, e.g. here ). Yet, the very same automation poses challenges for the application of copyright law, increasing legal uncertainty, as demonstrated in this report vis-à-vis AI music outputs.

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A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

If the work was published with proper copyright notice, it received a federal statutory copyright. If the work was published without proper copyright notice, the work entered the public domain. Simon & Schuster) (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

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Out With The Old, In With The Gatsby Sequels: Trademark and Copyright News for the New Year

Trademark and Copyright Law Blog

New Copyrighted Works Enter the Public Domain: In 1998, the Sonny Bono Copyright Term Extension Act added 20 years to the term of copyright protection for pre-1976 works, and paused the annual expiration of copyright on older works for 20 years.