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. copyright law. copyright law.

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Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? But before we get there, we need to ask a fundamental question: What’s a derivative work? The Copyright Act Definition is Broad, But.

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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. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v. 101 (derivative works “represent an original work of authorship”); L.

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Derivative Work Fair Use Copying Copyright 90

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. We’ve put together this quick quiz to help you figure out when you do—and don’t—own the rights to a piece of intellectual property covered under copyright law.

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Copyright Intellectual Property Derivative Work Copying 98

IP and Legal Filings

OCTOBER 8, 2023

Plating is in itself an art and in this article, we will discuss whether the Indian copyright law protects how a dish is presented by a chef. Within the culinary industry, plating is considered an art. [1] Fixation Only the ideas that are fixed in a tangible form can be copyrighted.

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Copyright Lately

SEPTEMBER 12, 2022

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. Rather than simply defend (or settle) Vila’s copyright claim, Deadly Doll filed a counterclaim, asserting that Vila was the true infringer.

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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. That “data” typically includes other creators’ copyrighted material. What is a Derivative Work?

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Kluwer Copyright Blog

JUNE 19, 2023

Caveat Emptor The common notion that acquiring ownership of an NFT representing a work in which copyright subsists equates to owning the copyright to the underlying work is clearly false. UK copyright law mandates that an assignment of copyright be ‘in writing signed by or on behalf of the assignor’.

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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. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use? Goldsmith et al, Case No.

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Velocity of Content

JUNE 8, 2022

All copyrights, except one, expire.*. Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about.

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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?

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IP Ownership Non-Fungible Tokens Copyright Law 109

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

Frequently, the Academy favors somewhat obscure, esoteric films—so it might be surprising to learn how many nominees are, in fact, adaptations of existing art. One aspect of copyright law that makes adaptations attractive is derivative works. How has this come to be? Likely good business sense. In Yonay v.

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LexBlog IP

JUNE 2, 2023

In the weeks that followed, the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use? Goldsmith et al, Case No.

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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).

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Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. On the heels of a recent court decision denying registrability of AI created work, the U.S.

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The IPKat

MARCH 22, 2024

The role of US copyright law and economic rights As a signatory to the WPPT , the US grants performers economic rights to performances which are fixed in a sound recording. After all, making and using new recordings similar or even nearly identical to existing ones, are not infringing any US copyrights, as per art.

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Intepat

OCTOBER 7, 2022

Now, we will examine Copyright and Design Rights, two fundamental forms of IPR. Further, it would enable a person to determine the extent of each and take the necessary steps to safeguard their creative work. Copyright laws protect the expression of creative ideas and not just the idea. Industrial Design.

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LexBlog IP

SEPTEMBER 21, 2023

.” OpenAI claimed that the authors “misconceive the scope of copyright, failing to take into account the limitations and exceptions (including fair use) that properly leave room for innovations like the large language models now at the forefront of artificial intelligence.”

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Velocity of Content

AUGUST 9, 2022

I knew a bare minimum about him, but my trip to the museum immersed me in a whole world of Warhol that included a panoply of works from installation art to his more iconic pieces. One work , which I had not previously known about, consisted of a black room with silvery balloons moved by fans this way and that.

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Traverse Legal Blog

JANUARY 26, 2022

There was a recent story that is an instructive lesson in copyright law that has application to the NFT market. The article titled “Cryptobros spent $3 million on Dune book, believing it gave them copyright. The right to create derivative works. The digital piece of art or the digital work.

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Non-Fungible Tokens Licensing Ownership Copying 97

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. Will our copyright laws be ready to keep up and protect the humans that made music in the first place?

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Intepat

OCTOBER 7, 2022

In this post, we’ll examine Copyright and Design Rights, two key forms in IPR. This would enable a person to determine the extent of each and take the necessary steps to safeguard their work. Copyright laws protect the expression of creative ideas and not just the idea. an article made with artistic skill.

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LexBlog IP

APRIL 23, 2023

copyright law, only works created by human authors are eligible for copyright protection. AI-generated material alone is not considered a work of authorship and cannot be protected under copyright law. Derivative Works and AI-Generated Material A. Authorship and Human Contribution A.

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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.

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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. Now it has become a common ‘dance routine’ or social dance step, which cannot be governed by copyright law. What is a Choreographic Work?

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The IPKat

NOVEMBER 15, 2023

Mr Blackmore also raised the issue of copyright protection of AI created works. Questions that need to be answered are: ‘Are such works deemed derivative works?’ I did have some conversations afterwards with friends who are successful illustrators and art directors, presumably the target audience of the event.

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LexBlog IP

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?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v.

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IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Andy Warhol Foundation for Visual Arts, Inc. Goldsmith , 598 S.

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Fair Use Licensing Music Art 106

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

The Framers, of course, appreciated that great art often builds on what came before it, and wisely sought “to promote the progress of science and useful arts, by securing for limited times to authors. the exclusive right to their respective writings.” Look for it soon at your favorite independent bookstore!

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Plagiarism Today

SEPTEMBER 28, 2021

On September 23, the art site PokerPaint announced on their Twitter (Tweet now deleted) that they were releasing a series of Non-Fungible Tokens (NFTs) on OpenSea. In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.”

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IPilogue

NOVEMBER 16, 2022

The doctrine of fair dealing in Canada has long played an important role in balancing the scales of copyright law from leaning too far in favour of copyright holders. The fair dealing exceptions recognize certain uses of protected works as benefitting society, and thereby safeguard those uses from findings of infringement.

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LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. ” Andy Warhol Foundation for Visual Arts, Inc. ” (S.

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Fair Use Licensing Music Art 52

IP Tech Blog

MARCH 18, 2022

Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. The brief further argued that the term METABIRKINS refers both “to the context in which he makes the art available (i.e.,

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IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Andy Warhol Foundation for Visual Arts, Inc. Goldsmith , 598 S.

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Fair Use Licensing Music Art 40

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.

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Kluwer Copyright Blog

JANUARY 16, 2024

The Cause of Action The cause of action in both cases is the same and can be summarized as follows: Direct Copyright Infringement (17 U.S.C. § LLaMA language models cannot function without the expressive information extracted from the alleged infringed works and the LLaMA language models are themselves infringing derivative works.

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