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Nintendo’s Actions Demonstrate Our Intellectual Property Laws are Broken

JIPEL Copyright Blog

It is an open legal question whether this would constitute an infringing derivative work. It adds new sections to the opening menu of the original game, allowing players to access the added online features. It also modifies the game itself through its netplay and rollback functionality.

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Will eBook Ruling Impact Fair Use Analysis for Generative AI?

Intellectual Property Law Blog

It noted that an eBook recast from a print book is a paradigmatic example of a derivative work and the changes involved in preparing a derivative work can be described as transformations.

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

LexBlog IP

Goldsmith SCOTUS Decision Welcome to the ever-evolving world of intellectual property law, where creativity intersects with legal rights, and the boundaries of art and originality are constantly being defined and redefined. This could potentially stifle creativity and limit the use of derivative works in commercial contexts.

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

Indiana Intellectual Property Law

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.

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AI and Copyright Wars: The New York Times Takes on OpenAI and Microsoft

Intepat

Navigating the Intellectual Property Rights Dilemma The clash between The New York Times, OpenAI, and Microsoft unfolds in the realm of intellectual property law. Training AI models using these works could infringe on these rights, especially without authorisation.

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

Kluwer Copyright Blog

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] 2] At one end of the spectrum, we find plagiarism: a completely derivative work that fails to contribute any creative elements to the original piece.

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Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Intellectual Property Law Blog

Acuff-Rose Music could not be interpreted to mean that fair use defense could be applied to works so broadly as to include works that share substantially the same purpose and use, including the commercial nature.

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