2023 Article Derivative Work Marketing 
Kluwer Copyright Blog
DECEMBER 12, 2023
From the output side, the relevant issues are whether the output is copyright-protected, and whether it infringes the copyright of ‘works “ingested” during the training stage of the AI system’ ( see Quintais, here ; see also here and here ). However, TDM for commercial purposes under Article 4 may be opted-out ( see here ).
LexBlog IP
MAY 19, 2023
Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]
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IP Intelligence
JUNE 7, 2023
1258, (2023). Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. See Andy Warhol Foundation for the Visual Arts, Inc.
Velocity of Content
MARCH 16, 2023
This article was originally published in The Scholarly Kitchen. It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. Case 1- Doe 1 v. GitHub Inc., v Stability A.I.
Copyright Lately
AUGUST 14, 2023
Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market). I’ll keep you posted about the outcome.
Copyright Lately
MAY 22, 2023
Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.
The IPKat
OCTOBER 1, 2022
Some IP Thoughts on Dolce & Gabbana’s SS23 Collection Curated by Kim Kardashian, and other Fashion Heritage at Fashion Week By Felicia Caponigri During Milan Fashion Week held last week, the Italian fashion brand Dolce & Gabbana debuted their Spring/Summer 2023 ready-to-wear collection. copyright law. As in the U.S., see this chapter.)
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