IP Tech Blog

AUGUST 4, 2023

Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g., Goldsmith et al, Case No.

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Art Fair Use Derivative Work Blogging 52

LexBlog IP

AUGUST 4, 2023

Blog editor and partner in our IP group, Joe Grasser, covers one of the year’s most intriguing IP cases, Andy Warhol Foundation for the Visual Arts, Inc. The case – and the SCOTUS ruling – have many in the art world still thinking through the impact. Goldsmith et al, Case No. Goldsmith et al, Case No.

Art 52

Art Fair Use Derivative Work IP 52

Dear Rich IP Blog

OCTOBER 5, 2021

Dear Rich: My teen has drawn several pieces of "fan art," following a challenge to begin with a known character and re-draw it into something more original. The law regarding fan art is vague , and if fanfiction is any example, lawsuits are filed only when the fan competes with the copyright owner. Derivative works and fair use.

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Music Art Derivative Work Fair Use 52

The IPKat

JANUARY 25, 2022

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. For Benjamin, the aura of a work of art in its primal sense was integrated within the practice of ritual, such as a fresco on the wall of a medieval church.

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Art Artwork Copying Moral Rights 134

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!

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Fair Use Art Licensing Derivative Work 52

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Apparently, Warhol had created an entire series of 15 other works of pop art using Goldsmith’s initial photograph.

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Fair Use Art Derivative Work Copyright Infringement 52

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? As I noted in my prior article on AI art , AI tools aren’t copying images so much to access their creative expression as to identify patterns in the images and captions.

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Derivative Work Art Copying Fair Use 108

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. Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. Fair dealing c. 47 septies ) e.

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IP Derivative Work Intellectual Property Art 121

JD Supra Law

JUNE 15, 2023

On May 18, in Andy Warhol Foundation for the Visual Arts, Inc. Supreme Court considered which “use” of a derivative work is relevant for applying the first statutory factor of the fair-use doctrine. Goldsmith, the U.S.

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Fair Use Derivative Work Copyright Art 52

IPilogue

JULY 18, 2022

As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art. The act of copying belongs to the long tradition of modernist art that questions the nature and definition of art itself.

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Copyright Law Copyright Law Art 111

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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Fair Use Derivative Work Copying Licensing 57

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. 101 (derivative works “represent an original work of authorship”); L. I filed this brief on behalf of IP Law Professors today in the Apple v. Corellium security research dispute.

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Derivative Work Fair Use Copying Copyright 90

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.

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Copyright Derivative Work Artwork Fair Use 97

The Illusion of More

JANUARY 19, 2022

million and then announced its intent to make the work publicly available, produce an animated series, and promote derivative works. 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

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Derivative Work Copying Copyright Art 126

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.

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Derivative Work Copyright Fair Use Copyright Law 59

IP Watchdog

OCTOBER 12, 2022

Many of the Supreme Court’s questions focused on the scope of the use at issue in the case, as well as the extent of the new meaning or message that a purportedly derivative work must take on before it is considered transformative under factor one of the four-factor fair use test.

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Fair Use Derivative Work Copyright Art 116

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.

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Derivative Work Copyright Infringement Social Media Copyright 52

Velocity of Content

JUNE 8, 2022

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. All copyrights, except one, expire.*.

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Derivative Work Public Domain Copyright Fair Use 104

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. A derivative work is a work based on one or more existing copyrighted works.

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Derivative Work Licensing Copyright Copyright Law 64

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.

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Copyright Intellectual Property Derivative Work Copying 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.

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Art Artwork Plagiarism Derivative Work 336

The IPKat

JANUARY 26, 2023

This phenomenon illustrates the commercial potential of derivative works within the copyright system. This includes patentability criteria, the person skilled in the art, patent claims, and supplementary protection certificates. Neil Wilkof focused on the phenomenon of the cross-media franchise.

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Derivative Work Invention Registration Related Rights 76

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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

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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Fair Use Derivative Work Art Licensing 97

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.

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Non-Fungible Tokens IP Ownership Contracts 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. It states that an artistic work means – A painting, sculpture, drawing, diagram, map, chart, plan, engraving, photograph An architectural work Any other work of artistic craftsmanship.

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Copyright Artistic Work Copyright Law Art 100

Kluwer Copyright Blog

MAY 9, 2022

“Warhol Print” (Vanity Fair), Page 8, Andy Warhol Foundation for the Visual Arts, Inc. “Goldsmith Photograph”, Page 7, Andy Warhol Foundation for the Visual Arts, Inc. Starkly deviating from this trend was a Second Circuit panel decision in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, 11 F.4th

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Fair Use Derivative Work Art Licensing 129

Kluwer Copyright Blog

DECEMBER 5, 2022

It can be used to provide additional information about goods that may embed works of art protected by copyright. This provides the advantage of making the encounter between visitors and the art in museums or sites more lively, complete and informative. i) Public domain works. ii) Copyright protected works.

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Copyright Public Domain Art Moral Rights 104

The IPKat

MARCH 22, 2024

After all, making and using new recordings similar or even nearly identical to existing ones, are not infringing any US copyrights, as per art. Having implemented the WPPT through the InfoSoc Directive , the EU indeed grants phonogram producers a neighboring right which is exclusively relating to each particular phonogram [art.

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Moral Rights Copyright Music Art 70

43(B)log

FEBRUARY 4, 2023

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. Rosenblatt: how we think about that might be different in music sampling than other derivative works.

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Fair Use Derivative Work Copying Marketing 59

The IPKat

JUNE 27, 2022

The work is an extension of and in the spirit of other artists who have worked within the field of appropriation art”. Yuga Labs, therefore, still owns the copyright in each NFT.

Non-Fungible Tokens 135

Non-Fungible Tokens Contracts Copying Art 135

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. for the Visual Arts, Inc. for the Visual Arts, Inc. scholarship, or research” [2] and is evaluated through multiple factors. .”

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

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.

Fair Use 98

Fair Use Derivative Work Licensing Art 98

Biswajit Sarkar Copyright Blog

AUGUST 13, 2022

Another way of protection is by derivative works by the members of the community. As we are looking at communities as the owners and custodians of the TCEs, the ownership of copyrights should be collective. One way of awarding such ownership is by forming associations and societies with elected persons from the community itself.

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Derivative Work Ownership IP Intellectual Property 68

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

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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Artwork Contracts False Advertising Intellectual Property 82