2023, Artwork, Copying and Marketing - Intellectual Property Pulse

When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

The IPKat

AUGUST 20, 2023

There, it was presented as an original Koons artwork of which three copies exist. Garrone subsequently contacted Koons several times (in 1997, 2007 and 2009) in order to obtain a declaration of authenticity from him and thus sell the artwork. Subsequently, the sculpture was shipped to Italy and held at customs in Milan.

Artwork

Artwork Moral Rights Art Litigation

How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 2, 2023

s advertisement for hats, copying Sarony’s Oscar Wilde No. 2023, Generative AI Works Found Ineligible for Copyright Under the U.S. Copyright Office denied copyright protection for Kashtanova’s Midjourney-generated artwork, the Office found their work lacked the critical component of a human author. Ehrich Bros.’s

Artwork

Artwork Blogging Art Copyright

Revisiting Bananas, Duct Tape, Walls, & Copyright–Morford v. Cattelan

Technology & Marketing Law Blog

JUNE 27, 2023

This case involves Morford’s 2001 artwork named “Banana and Orange.” Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. Copying-in-Fact. Cattelan , 2023 U.S. ” Independently (?),

Copyright

Copyright Artwork Copying Social Media

Let’s Go Hazy: Making Sense of Fair Use After Warhol

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.

Fair Use

Fair Use Licensing Copying Artwork

No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright

LexBlog IP

MAY 19, 2023

.” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. AWF argued that the Prince Series is sufficiently transformative of Goldsmith’s original photograph because the artworks convey a different meaning or message than her photograph.

Licensing

Licensing Fair Use Copyright Derivative Work

Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. ” [17] On May 18, 2023, in a decision penned by Justice Sotomayor, the U.S.

Fair Use

Fair Use Art Licensing Copyright Infringement

IP and NFTs: Where are We?

LexBlog IP

SEPTEMBER 15, 2022

Thom Tillis and Patrick Leahy they will deliver findings by June 2023. ” So although it was the NFTs themselves that garnered prices comparable to real-life luxury handbags, Hermès’ infringement claim necessarily had to center around unauthorized use of the mark for the underlying artwork.

IP

IP Non-Fungible Tokens Artwork Intellectual Property

AI and copyright in 2022

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. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright

Copyright Art Fair Use Registration

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. Some artists were concerned that to allow such appropriation without limits would undercut the secondary market for original works of art.

Fair Use

Fair Use Derivative Work Copyright Law Art

SpicyIP Weekly Review (March 4-March 10)

SpicyIP

MARCH 11, 2024

The plaintiff has registered its “Social” trademark and states to have invested considerably in its advertisement from 2001-2023. The Court granted an ex-parte ad interim injunction order, finding a prima facie case in the plaintiff’s favor. The plaintiff’s counsel filed an affidavit regarding costs and damages, claiming Rs.

Trademark

Trademark Registration Copyright Patent

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

Kluwer Copyright Blog

FEBRUARY 28, 2024

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. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications.

Fair Use

Fair Use Copyright Moral Rights Copyright Law

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

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The effect upon the potential market for or value of the copyrighted work. [8] 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14]

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

[Guest post] Litigation commenced against the developers of AI image generation software

The IPKat

FEBRUARY 3, 2023

While at this stage the particulars of Getty’s claim are unavailable, their press release states that Stability AI “unlawfully copied and processed millions of images protected by copyright and the associated metadata owned or represented by Getty Images”. temporary copy which is; 2. transient or incidental; 3.

Litigation

Litigation Copying Copyright Designs

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

LexBlog IP

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The effect upon the potential market for or value of the copyrighted work. [8] 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14]

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

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

LexBlog IP

MAY 26, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The effect upon the potential market for or value of the copyrighted work. [8] 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14]

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

MAY 9, 2023

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. There is disagreement among commentators whether this is a desirable development.

Copyright

Copyright Fair Use Copyright Law Law

Intellectual Property Pulse

When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents

How A Century-Old Insight of Photography Can Inform Legal Questions of AI-Generated Artwork (Guest Blog Post)

Trending Sources

Revisiting Bananas, Duct Tape, Walls, & Copyright–Morford v. Cattelan

Let’s Go Hazy: Making Sense of Fair Use After Warhol

No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright

Fair Use: Graham v. Prince and Warhol v. Goldsmith

IP and NFTs: Where are We?

AI and copyright in 2022

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

SpicyIP Weekly Review (March 4-March 10)

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

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

[Guest post] Litigation commenced against the developers of AI image generation software

Top 3 posts for summer reading from our IP law blogs

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

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

Generative AI, Copyright and the AI Act

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