43(B)log

FEBRUARY 16, 2022

Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. It is that functionality, and not the copying, to which Apple truly objects. 101 (derivative works “represent an original work of authorship”); L. Patton, 769 F.3d

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

IP Tech Blog

JUNE 2, 2023

In the weeks that followed, the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Goldsmith et al, Case No. Goldsmith et al, Case No.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

The Illusion of More

JANUARY 19, 2022

By now, even people who don’t follow copyright and crypto stories may have read somewhere that a crypto group called Spice DAO purchased a rare copy of Frank Herbert’s Dune for €2.66 million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works.

Derivative Work 127

Derivative Work Copying Copyright Art 127

Kluwer Copyright Blog

SEPTEMBER 11, 2023

EU (CDSM arts 3-4; obligation concerning sufficiently detailed summary in June 2023 draft of AI Act) d. Japan (Art. Singapore (computational data analysis; user must not “use the copy for any other purpose”) f. Does the machine infringe when it produces a new “work”? Impact of Warhol, esp for GenAI) b. Fair dealing c.

IP 120

IP Derivative Work Intellectual Property Art 120

Kluwer Copyright Blog

APRIL 22, 2024

Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright.

Copyright 121

Copyright Artwork Moral Rights Non-Fungible Tokens 121

McBayer IP Blog

APRIL 15, 2022

Of course, buying a copy of a book, no matter how rare, does not grant you the copyright or license to its contents.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

LexBlog IP

JUNE 2, 2023

In the weeks that followed, the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Goldsmith et al, Case No.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

FEBRUARY 20, 2024

Specifically, the judge said that for their vicarious copyright infringement claims to remain viable, the plaintiffs would have to at least allege that derivative works created using AI programs that generate images in response to user prompts are “substantially similar” to their original copyright-protected works.

Derivative Work 52

Derivative Work Copyright Infringement Social Media Copyright 52

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. At issue before the Supreme Court in Andy Warhol Foundation for the Visual Arts Inc. Applying a new lens on how to view the purpose of a derivative work under U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Copyright Lately

SEPTEMBER 12, 2022

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.

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

LexBlog IP

MARCH 22, 2023

Several recent, high-profile lawsuits raise the issue of whether such training algorithms violate copyright law’s restrictions on creating derivative works without the creators’ consent. What is a Derivative Work? What is Generative AI? Stability AI Ltd.

Derivative Work 59

Derivative Work Copyright Fair Use Copyright Law 59

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use. Prince is work plus embodiment.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

The IPKat

JUNE 27, 2022

Ripps has clearly downloaded the digital files of the original BAYC collection, copied and re-used them to create his own RR BAYC collection. The original BAYC NFT and the corresponding NFT of Ripps's are stored at two different IPFS addresses (which necessarily implies that BAYC original files have been copied and re-displayed).

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens 98

Non-Fungible Tokens IP Ownership Contracts 98

Kluwer Copyright Blog

DECEMBER 5, 2022

When the said sensor recognizes it is in front of the Ara Pacis, it gives the order to copy the colored reproductions of some parts of the Ara Pacis, stored in a cloud-based database, and display them on the screen of the goggles. It can be used to provide additional information about goods that may embed works of art protected by copyright.

Copyright 103

Copyright Public Domain Art Moral Rights 103

Patently-O

SEPTEMBER 1, 2023

A core inquiry is whether original works that would ordinarily be copyrightable should be denied unless a human author is identified. Generative AI models produce outputs like text, art, music, and video that appear highly creative and would certainly meet copyright’s originality standard if created by natural people.

Copyright 120

Copyright Copying Derivative Work Licensing 120

The IPKat

DECEMBER 20, 2023

However, putting ourselves in the shoes of the artists whose voice and art are being used to feed a machine that will then copy everything that makes them who they are, it is not difficult to comprehend Bad Bunny's reaction. Did the track infringe Bad Bunny's rights? What other avenues do the artists have to fight AI-generated music?

Music 73

Music Social Media Copying Derivative Work 73

LexBlog IP

MAY 19, 2023

Condé Nast paid the Andy Warhol Foundation for the Visual Arts, Inc. (“AWF”) $10,000 for the license, while Goldsmith received neither a license fee nor a source credit. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Velocity of Content

MARCH 16, 2023

After all, while we are pondering the weighty issue of future ownership, we are not focusing on the fundamental issue of wholesale copying of works to train AI in a wide variety of situations. As a lawyer by training, I am interested in the art of lawyering. is being used as code.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

Plagiarism Today

SEPTEMBER 14, 2022

Last month, artist Jason Allen won the Colorado State Fair’s art competition with a piece entitled Théâtre D’opéra Spatial. TL;DR — Someone entered an art competition with an AI-generated piece and won the first prize. Both online and off, AI art is making its presence felt, and battle lines are being drawn around it.

Art 341

Art Artwork Plagiarism Derivative Work 341

Traverse Legal Blog

JANUARY 26, 2022

An NFT group called TheSpiceDAO bought a copy of the book “Dune” believing they had purchased more than just the book. The essence of the news story is that TheSpiceDAO bought at auction a rare copy of “Dune” that was being auctioned off by Christie’s as just a book. The right to create derivative works.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

LexBlog IP

FEBRUARY 28, 2022

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] Originals” [7] : The Works at Issue. It found that all four fair use factors weighed against fair use. [12] 1183 (2021).

Fair Use 97

Fair Use Derivative Work Art Licensing 97

The IPKat

JANUARY 18, 2023

In the case decided by the US Copyright Office the issue was protectability of a new (art)work created through the use of an AI software. There are differences between the Ryder Ripps case and the one considered by Eleonora in her post. In sum, we will be now waiting to see how the court will decide.

Artwork 82

Artwork Contracts False Advertising Intellectual Property 82

Copyright Lately

MAY 22, 2023

For the majority, what was important was that “[b]oth Goldsmith and AWF sold images of Prince (AWF’s copying Goldsmith’s) to magazines to illustrate stories about the celebrity, which is the typical use made of Goldsmith’s photographs.” ” Andy Warhol Foundation For Visual Arts, Inc.

Fair Use 92

Fair Use Licensing Copying Artwork 92

LexBlog IP

SEPTEMBER 21, 2023

According to OpenAI, Silverman’s attempt to convince the court that every ChatGPT output represents a derivative work, “regardless of whether there are any similarities between the output and the training works” is an “erroneous legal conclusion.”

Copyright Infringement 52

Copyright Infringement Copyright Fair Use Derivative Work 52

Intepat

OCTOBER 7, 2022

Unlike Copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied. To protect original ideas: When someone comes up with a unique concept, others try to copy it for their financial gain.

Intellectual Property 59

Intellectual Property Designs Design Artwork 59

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. Andy Warhol Foundation for the Visual Arts, Inc. Many derivative works.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Intepat

OCTOBER 7, 2022

Unlike copyright, a registered design grants the proprietor the exclusive right to create the design, which means they may sue someone who infringes on their design even if it is not copied. To protect original ideas: When someone comes up with a unique idea, others try to copy it for their own financial gain.

Intellectual Property 52

Intellectual Property Designs Design Artwork 52

The IPKat

JANUARY 23, 2023

The cross-media creative franchise (think "Wonder Woman", from comics to film), is the apotheosis of the commercial potential of derivative works within the copyright system. As soon as she takes the screen, fiction disappears along with art, and one has the impression of being present at a documentary.

Derivative Work 52

Derivative Work Cinema Copying Art 52

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Your Copy-Rights.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Kashishipr

SEPTEMBER 15, 2021

Like all other art forms, choreographic works in dance and their steps have been expressly recognized under the Copyright Laws of different jurisdictions. Simply put, choreography is the art of creating or arranging dances consisting of an original technique of dance notation. Why Consider Registering a Copyright?

Copyright 105

Copyright Registration Music Copyright Law 105

IP Tech Blog

JANUARY 4, 2023

Given that NFTs are the result of digital work that is transported in images, videos, photography and other forms of digital media, copyright seems to be the closest IP right to protect both the source code of the digital work, as well as its derivative works. Is this the same in the US and China? The United States.

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

Traverse Legal Blog

JANUARY 29, 2022

If you’re selling a digital rendition of a piece of artwork, you will mint an NFT, which will then attach to that particular piece of digital art. The NFT will link to what the owner is licensing: the actual digital work, the piece of artwork, the image, the video, the audio file, etc. You will also find a summary on this page.

Licensing 102

Licensing Non-Fungible Tokens Copyright Copying 102

43(B)log

FEBRUARY 3, 2023

Christopher Buccafusco (& Rebecca Tushnet), Base Rate Neglect in Copying-in-Fact Comes out of an excellent Buccafusco paper about the failures of copying in fact, which led me to think about base rate neglect in cases where plaintiff’s expert claims that it’s not possible that these similarities arose in the absence of copying.

Copyright 59

Copyright Copying Music Fair Use 59

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. Your Copy-Rights. That’s understandable.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

IP Intelligence

JUNE 7, 2023

See Andy Warhol Foundation for the Visual Arts, Inc. In addition to Orange Prince, Warhol created an entire series of silk screens from the Goldsmith photograph back in 1984, and he sold several of the silk screens as stand-alone art objects (the Prince Series). Andy Warhol Foundation for Visual Arts, Inc. Goldsmith , 598 S.

Fair Use 106

Fair Use Licensing Music Art 106

Kashishipr

JULY 13, 2022

In the AR field, however, more IP disputes are likely to occur concerning trademark, copyright, public display, and performance, where articulating and defending against infringement matters is always more art than science. We shall be discussing the same in the following segments. Public Display and Performance.

Intellectual Property 72

Intellectual Property IP Copyright Infringement Copyright 72