Art Law Journal

JUNE 30, 2022

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. 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. That’s understandable.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

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

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Image by Gerd Altmann from Pixabay The intersection of Artificial intelligence and Intellectual Property is complex. 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”? Fair dealing c.

IP 119

IP Derivative Work Intellectual Property Art 119

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.

Art 52

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

McBayer IP Blog

APRIL 15, 2022

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

Copyright 98

Copyright Intellectual Property Derivative Work Copying 98

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.

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

Kluwer Copyright Blog

MAY 20, 2024

The CJEU also seized the opportunity to pull the plug on then §24 of the German Copyright Act (UrhG), commonly known as the “free use” exception, contending that an open and flexible exception is irreconcilable with the self-contained list of exceptions provided by art. Adopted to fill the gap left by §24, and pursuant to art.

Copyright Law 66

Copyright Law Law Copyright Derivative Work 66

Intellectual Property Law Blog

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 It will impede new art, music and literature. FOOTNOTES [1] Andy Warhol Foundation for the Visual Arts, Inc., It will make our world poorer.” [18] 2] Slip op.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” The report notes on page 11 that “In 2003, research estimates put the [U.S.] market for religious publishing and products at $6.8

Intellectual Property 52

Intellectual Property Invention Trademark 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

IP and Legal Filings

JANUARY 23, 2023

Introduction Intellectual property entails the protection of legal rights for inventions and creations made by individuals or businesses using their minds. Such works of art benefit the creator, and they are protected by the law of intellectual property. These advantages can be made profitable for the owner.

Non-Fungible Tokens 77

Non-Fungible Tokens Copyright Intellectual Property Ownership 77

IP and Legal Filings

MAY 3, 2024

The law is an important part of protecting intellectual property and protecting creators’ rights to their original works. Copyright Law Copy Right is a legal concept that gives creators exclusive rights over their original works and allows them to control the use and distribution of those works.

Fair Use 92

Fair Use Copyright Privacy Copying 92

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.

Fair Use 116

Fair Use Derivative Work Copyright Art 116

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

Technology & Marketing Law Blog

JUNE 20, 2023

Andy Warhol Foundation for the Visual Arts, Inc. Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Copyright Lately

MAY 6, 2022

Want to Create New Derivative Works? This still wouldn’t necessarily have given the buyer carte blanche to create new derivative works featuring the characters, as opposed to, perhaps, digital screengrabs from individual episodes. When you purchase an NFT, you own the underlying Bored Ape, the Art, completely.

Derivative Work 87

Derivative Work Licensing Artwork Contracts 87

LexBlog IP

APRIL 23, 2023

Copyright Guidelines for Works Containing AI-Generated Material by Aaron Rice Introduction The United States Copyright Office published comprehensive guidelines addressing the registration process for works containing material generated by Artificial Intelligence (AI). Derivative Works and AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Editing Derivative Work 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

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.

Artwork 82

Artwork Contracts False Advertising Art 82

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

Biswajit Sarkar Copyright Blog

AUGUST 13, 2022

In furtherance of our previous blog which recognised the need for protection of the Intellectual Property (IP) involved in Traditional Cultural expressions (TCE), this article discusses the Legal and Institutional Initiatives that Nations or bodies may use to pave a way for their protection.

Derivative Work 68

Derivative Work Ownership IP Intellectual Property 68

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

Fair Use 127

Fair Use Derivative Work Art Licensing 127

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.

Copyright 103

Copyright Public Domain Art Moral Rights 103

LexBlog IP

FEBRUARY 14, 2024

District Court for the Northern District of California has knocked out the majority of their claims, refusing to accept the blanket allegation that “every output of the OpenAI Language Model is an infringing derivative work.” Stability AI , which involved analogous claims related to visual art instead of written works.

Copyright 52

Copyright Derivative Work Copyright Infringement Copying 52

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

MAY 18, 2023

.” Turns out – in addition to the Vanity Fair illustration – Warhol made a series of 16 additional works derived from Goldsmith’s photo. When Prince died in 2016, Vanity Fair’s parent company (Condé Nast) purchased a license from the Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 52

Fair Use Derivative Work Licensing Copyright 52

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.

Moral Rights 70

Moral Rights Copyright Music Art 70

LexBlog IP

JUNE 5, 2023

These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts, Inc. In a broad sense, a use that has a distinct purpose is justified because it furthers the goal of copyright, namely, to promote the progress of science and the arts, without diminishing the incentive to create.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

The IPKat

NOVEMBER 15, 2023

Image: DACS IPKat's Dr Hayleigh Bosher, Associate Dean / Reader in Intellectual Property Law, Brunel University London Matthew Blakemore, Chief AI Strategist at AI Caramba! For Keiken, financial compensation for the creative work they do is important as otherwise their creative practice would not be sustainable.

Reporting 70

Reporting Derivative Work Intellectual Property Copyright 70

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] A film based on a book serves as an example.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

APRIL 15, 2024

The court in Warhol identified that the primary question is not about how the derivative work is different from the original work. For instance, consider the recent sale of the Portrait of Edmond Bellamy or Jason Allen’s ‘Theatre D’Opera Spatial’ winning the Colorado State Fair’s annual fine art competition.

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

Kluwer Copyright Blog

NOVEMBER 8, 2021

. “The European Court of Justice (CJEU) ruling in joined cases C-682/18 (YouTube) and C-683/18 (Cyando), concerning platform liability for copyright-infringing user uploads under Art. After all, on 7 June 2021, a new copyright liability regime for certain online platforms entered into effect: Art. here and here). . 106-108). .”

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

Garrigues Blog

MAY 11, 2021

In the case of architecture, holding copyrights in works enables authors to exploit their economic rights with a view to continuing their creative activity. The RAE’s definition of architecture as “the art of designing and constructing buildings”, is not alien to Peruvian copyright law. Indeed, Legislative Decree no. Fiorella Senno.

Copyright 52

Copyright Moral Rights Derivative Work Registration 52

IP Tech Blog

MARCH 18, 2022

Intellectual property owners need to add the metaverse to places to watch for possible infringement, specifically, trademark or copyright infringement in the form of NFTs or non-fungible tokens. As artists, commentators, and parodists flock to this new medium, the headaches for intellectual property owners have multiplied.

Trademark 62

Trademark Non-Fungible Tokens Branding Brands 62

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 It will impede new art, music and literature. FOOTNOTES [1] Andy Warhol Foundation for the Visual Arts, Inc., It will make our world poorer.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52