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

LexBlog IP

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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law. Copyright law in the U.S.

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Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

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Jury Awards Damages to Tattoo Artist for Video-Game Depiction–Alexander v. WWE 2K (Guest Blog Post)

Technology & Marketing Law Blog

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v. Tattoo Advertising/Human Billboards.

Blogging 134
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Keep Calm and Fandom On: Copyright in Cosplay, Fanfiction, and Fanart

IPilogue

Members of fandoms often participate in various creative activities inspired by their source material, including dressing up as the characters, writing stories based in the fictional universe, and making drawings about the original work. Unfortunately, laws around fanfiction and fanart are not clear.

Copyright 122
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New Tools, Old Rules: Is The Music Industry Ready To Take On AI?

Copyright Lately

The comments from Michael Nash quoted above really only speak to the input phase, during which audio recordings are copied to a dataset that’s then used to train a voice model. It isn’t human-readable and does not contain copies of any audio recordings. But once created, the voice model is just a set of parameters.

Music 87
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The FTC’s Misguided Comments on Copyright Office Generative AI Questions

Patently-O

Moreover, as we detail below, the best understanding of the application of fair use principles to AI training would hold that the practice is in most if not all instances a fair use. The FTC has no authority to determine what is and what is not copyright infringement, or what is or is not fair use.