The IPKat

AUGUST 24, 2021

This book review of Art and Copyright by Simon Stokes (Partner at Blake Morgan) is kindly provided to you by Alexander Herman, Assistant Director, at the Institute of Art and Law and co-directs the Art, Business and Law LLM developed with the Centre for Commercial Law Studies at Queen Mary University of London.

Art 98

Art Copyright Editing Publishing 98

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

TorrentFreak

APRIL 23, 2024

The organization literally archives key parts of the Internet, copying older versions of websites to preserve them for future generations. The organization doesn’t license authorized digital copies from publishers; instead, its books are scanned and digitized in-house. IA has plenty of other archive projects too.

Copyright 114

Copyright Fair Use Copying Publishing 114

Kluwer Copyright Blog

DECEMBER 21, 2023

Photo by 5477687 via Pixabay Arts. If, as it is here argued, this view is acceptable, then the lawful access requirements of Arts. At least in the case of Art. This interpretation is an existential condition for the effective enjoyment of Art. This framework will almost unavoidably reduce Art.

Art 69

Art Law Copyright Technology 69

Plagiarism Today

SEPTEMBER 26, 2022

1: NYC artist granted first known registered copyright for AI art. Back in February, artist Stephen Thaler was denied a similar copyright registration over a piece of AI art entitled A Recent Entrance to Paradise. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

Settlement 165

Settlement Registration Artwork Art 165

Plagiarism Today

APRIL 27, 2022

3: Immersive Experiences and Copyright: TeamLab Sues MODS for ‘Copying their Artwork’ Finally today, Jonny Walfisz at Euronews reports that the Tokyo-based art collective teamLab has filed a lawsuit against the Los Angeles-based museum, the Museum of Dream Space (MODS) alleging copyright infringement.

Music 197

Music Art Artwork Copying 197

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. scholarship, or research” [2] and is evaluated through multiple factors.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

43(B)log

AUGUST 3, 2023

Musicologists in litigation: (1) identify formal similarities—instrumentation, chord progression; (2) opine on how aesthetically similar/significant those similarities are; (3) opine about the rarity of similar features; (4) opine that copying did or didn’t occur. Mistaken faith in musicology: let’s find an expert to talk about copying.

Music 52

Music Art Copying Licensing 52

Kluwer Copyright Blog

MARCH 13, 2024

licenses for specific uses). Rightholders can, for example, choose whether to license an e-book or an e-journal to a library, or whether to provide licenses to educational establishment to play music and audio-visual works for educational purposes. For example, art.

Copyright 121

Copyright Art Licensing Contracts 121

Patently-O

MAY 21, 2024

Key Analogous Art Requirement A key limiting feature of the obviousness analysis is that the doctrine only considers “analogous” prior art. ” Without this clear framing of the problem, it is more difficult to assess whether a prior art reference is “reasonably pertinent” to that unstated problem.

Design Patent 118

Design Patent Designs Design Patent 118

Plagiarism Today

AUGUST 16, 2021

According to the lawsuit, Johnston made 15 copies of a master tape of his recording and sent it to various record labels, including Roadrunner. He claims that this granted Nickelback access to the song and that they copied various elements from it, including tempo, song form, melodic structure and more.

Copyright Infringement 246

Copyright Infringement Copying Copyright Plagiarism 246

Plagiarism Today

JANUARY 18, 2022

million ($3 million) acquiring a physical copy of the book Jodorowsky’s Dune. With previous ones selling for around €25,000 ($28,000), their copy cost more than 100 times the going rate. Many copies of the book are already easy to access just through a simple search. Last year, the group spent €2.66

Copying 337

Copying Moral Rights Copyright Registration 337

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 In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

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 In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

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. More > Tags: Copyright , copyright license , Intellectual Property , music copyright.

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

Kluwer Copyright Blog

OCTOBER 18, 2023

This part 2 explores the idea of introducing a statutory license for machine learning purposes for generative AI as a compromise solution to secure a vibrant environment for AI development while preserving the central role played by human creators. In the EU, Art. In particular, Art.

Copyright 127

Copyright Art Licensing Copyright Law 127

Plagiarism Today

NOVEMBER 22, 2021

According to his confession, Bridi, as well as other members of the group, would get pre-release copies of movies from wholesalers, defeat the copyright protection schemes on the discs and then leak them online before their scheduled release date. ” 3: ‘Piracy’ Website Offers NFT Art as Free Downloads.

Publishing 198

Publishing Licensing Plagiarism Reporting 198

SpicyIP

MAY 1, 2023

Licensing of training datasets The licensing of datasets – for the concerned rights under Sec. The problem is how do you license all the copyrighted images/information available on the web? However, not taking licenses for other kinds of uses such as training of ChatGPT, Stable Diffusion, Github Copilot, etc.

IP 129

IP Licensing Fair Use Moral Rights 129

Kluwer Copyright Blog

JUNE 27, 2023

This dispute resolution mechanism is possibly the main highlight of the Portuguese transposition, as it has a much wider scope than that envisioned in Art. Copyright Code still regulates all the permitted uses of protected works and other subject matter, while Art. Worth noting is that the implementation of Art. However, Art.

Art 103

Art Contracts Publishing Licensing 103

Plagiarism Today

SEPTEMBER 20, 2022

3: Maurizio Cattelan Hits Back in Banana Copyright Lawsuit, Claiming He’s Never Seen the Other Guy’s Art. Finally today, Anna Sansom at Artnet News reports that artist Maurizio Cattelan is denying that he copied his duct tape banana piece from artist Joe Morford, saying that he never saw or heard about Morford’s earlier work.

Settlement 174

Settlement Reporting Publishing Plagiarism 174

Plagiarism Today

JANUARY 5, 2022

This means that others are free to copy, publish, distribute, create new works based upon it and otherwise make use of it without a license. Anyone could also publish their own version of the book, either with the original art or new art that they created. That is, potentially, a big deal in many ways.

Public Domain 353

Public Domain Art Publishing Plagiarism 353

Traverse Legal Blog

JANUARY 26, 2022

Today, we will be talking about NFT non-fungible token licensing. THE NFT smart contract does NOT include the licensing terms for the underlying digital asset (i.e. Without a separate licensing contract (typically a web page) for the underlying asset, an essential part of the NFT transaction is unaddressed.

Non-Fungible Tokens 97

Non-Fungible Tokens Licensing Ownership Copying 97

Kluwer Copyright Blog

NOVEMBER 4, 2021

On 21 st October 2021, Facebook announced that it has reached an agreement with APIG , an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. This change was to bring art. Reproduction right and art.

Social Media 142

Social Media Publishing Art Copying 142

Plagiarism Today

AUGUST 2, 2022

Back in January, the crypto group Spice DAO (decentralized autonomous organization) made headlines for spending approximately $3 million to acquire a physical copy of the book Jodorowsky’s Dune , a bible for a planned Dune move that would have been made in the 1970s. . The payment beyond excessive.

Copyright 234

Copyright Non-Fungible Tokens Technology Plagiarism 234

TorrentFreak

DECEMBER 13, 2023

“SFWA acknowledges the problem of generative AI scraping pirated material published as copy-protected ebooks by professional publishers, but SFWA additionally has the unique position of representing many authors who have fought to make their work available for free for human readers.

Publishing 134

Publishing Licensing Copyright Copying 134

Velocity of Content

DECEMBER 6, 2023

Significant amounts of content are available through licenses, including open licenses such as CC BY and CC BY-NC. To what extent are copyrighted works licensed from copyright owners for use as training materials? To your knowledge, what licensing models are currently being offered and used? ROSS Intelligence Inc.,

Copyright 98

Copyright Fair Use Licensing Copying 98

IPilogue

SEPTEMBER 29, 2021

The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith. to the extent where one could argue that the essence of Warhol’s art is appropriation. Yet, this conceptual innovation is not part of the legal test for the transformative nature of visual art.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Patently-O

MARCH 31, 2024

The majority of these factors are associated with what might be termed the “prima facie” obviousness case that focuses on directly comparing the most relevant prior art against the invention as claimed. Lacerta Group, Inc., 2021) (summary judgment). And I think they’re very meaningful.

Invention 58

Invention Copying Licensing Art 58

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

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Patently-O

OCTOBER 11, 2022

Question presented : Whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as the Supreme Court, U.S. Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Warhol was never personally a party to the license).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

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

Patently-O

SEPTEMBER 1, 2023

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. In particular, an approach that does not store or actually copy the underlying works would be less likely to be be infringing.

Copyright 121

Copyright Copying Derivative Work Licensing 121

Patently-O

MARCH 10, 2022

Fleming sent a copy of his pending patent application to Cirrus who apparently then released a new aircraft embodying his patented design. Fleming began negotiations on a license, but Cirrus filed a declaratory judgment action for non-infringement and also filed two IPR petitions. ” Slip Op.

Copying 71

Copying Art Patent Application Inventor 71

IPilogue

DECEMBER 13, 2022

At last, the Supreme Court of the United States can have its say on the protectability of the subjects of ‘pop art’. Fast forward to 2017, when Vanity Fair published a special issue to pay homage to the recently deceased musician that featured ‘Orange Prince’ – Andy Warhol’s pop art depiction of Goldsmith’s photograph.

Art 79

Art Fair Use Intellectual Property Licensing 79

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Winston & Strawn , 23-cv-11193 (S.D.N.Y. Cannon , 789 N.W.2d

Plagiarism 124

Plagiarism Fair Use Copying Copyright Infringement 124

Kluwer Copyright Blog

APRIL 8, 2024

Copy-reliant technologies have banked heavily on that principle over recent years and it wouldn’t be a stretch to say that the principle of non-expressive use has become the legal foundation of how the internet essentially works. Of particular concern is the so-called commercial exception in Art.

Fair Use 111

Fair Use Copyright Copying Technology 111