LexBlog IP

NOVEMBER 29, 2023

Because ownership of original works, like a tattoo, vests with the author (here the tattoo artist), the tattoo artist owned the copyright in the tattoo, even though it was physically on the someone else’s body. Netflix moved to dismiss the complaint on, among other grounds, fair use. Lynn Goldsmith, et al. , Koons , 467 F.3d

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Fair Use Cease and Desist Social Media Art 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. I speculated that this was an attempt to avoid a messy fair use dispute. is being used as code.

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Litigation Fair Use Copying Derivative Work 98

Kluwer Copyright Blog

OCTOBER 17, 2023

In a nutshell, generative AI raises two main copyright issues that branch off into further sub-problems which in turn intercept (if not collide with) some fundamental rights, especially freedom of artistic expression, freedom of art and science and the right to science and culture (Arts. Firstly, the amendment 399 to Art.

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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. Although the notice focuses on copyrightability, ownership questions will also come into play.

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Copyright Copying Derivative Work Licensing 121

IP and Legal Filings

NOVEMBER 11, 2022

Though your work is automatically protected by copyright the moment it is created, voluntary registration will provide proof of ownership, which can save you time and money in case of a dispute later on. Industrial and graphic designs, applied art, architectural buildings are also protected by copyright. Conclusion.

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Copyright Fair Use Registration Ownership 52

SpicyIP

MARCH 10, 2023

Through an examination of ChatGPT’s ‘Terms of Use’, our former blogger Varsha Jhavar attempts to investigate the copyright implications of the chatbot inter alia touching upon the issue of ownership and assignment of the output generated. Her previous posts on the blog can be viewed here , here , here and here.

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Copyright Copyright Law Ownership Copyright Infringement 105

IIPRD

FEBRUARY 25, 2022

NFTs have indeed transformed the world of digital assets and ownership, with sales as high as $2.47bn only 6 months into 2021. Tokenisation and Ownership of Digital Assets under NFTs. However, buying or selling the said creation does not entitle the trader to make use of the rights granted to the original creator.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

IP and Legal Filings

JANUARY 22, 2024

Before the digital era, copyright protected tangible art or works, allowing authors to easily regulate usage, copies, and earnings. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

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Ownership Copyright Fair Use Intellectual Property 52

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. NFTs are being used in all forms of entertainment, gaming, art and science. Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership.

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Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

43(B)log

AUGUST 4, 2023

required firms to included microstamping once DOJ certified that there was no patent on it; challenged under Bruen and dct overturned the law b/c it prevented people from buying state of the art handguns/not consistent w/historical tradition which was light on microstamping. We make real art. Super-narrow © license.

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Copyright Fair Use Marketing Marketing 52

43(B)log

FEBRUARY 3, 2023

A bunch of people will announce their appropriation art; others won’t. In 1963, Disney expressed skepticism about monopoly aspects of extended term and “expressed doubt that Congress would approve a longer ownership period.” Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined.

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Copyright Copying Music Fair Use 59

LexBlog IP

SEPTEMBER 15, 2022

NFTs are units of data stored on a blockchain that signify ownership of (supposedly) unique digital media items. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? They are sold and/or traded in connection with “smart contracts” that govern the terms of transfer.

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IP Non-Fungible Tokens Artwork Intellectual Property 52

43(B)log

FEBRUARY 18, 2022

Tyler Ochoa: Zombie imagery suggests a mark that is actually dead that nonetheless wants to feast on the living who want to use it—which is the opposite of your argument. Protectability doctrines take this into account as well as fair use. User using it to communicate=left to TM fair use doctrines?

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SpicyIP

JULY 29, 2021

This is perhaps why fonts cannot be copyrighted in the US. The US copyright law of 1976 explicitly excludes the mechanical or utilitarian aspects of applied art from the definition of artistic craftmanship.

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Copyright Artistic Work Copyright Law Fair Use 126

43(B)log

FEBRUARY 22, 2021

Should consider public space art, in some circumstances, as a common good, with ownership interests at least in part in people who live in the area. Pezza: Civil law legal systems don’t require fixation; UK CDPA requires works to be “recorded”; US requires fixation. Unclean hands? Silence should be consent.

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Copyright Art Copying Editing 40

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. We don’t even get into the market stuff.

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Fair Use Copyright Derivative Work Marketing 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. Is it the tattooist who engraves the tattoo, or the client whose skin bears the art? In Alexander v.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

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Copyright Fair Use Copyright Law Law 138

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. Is it the tattooist who engraves the tattoo, or the client whose skin bears the art? In Alexander v.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

TorrentFreak

APRIL 12, 2024

Period There can be no debate: the removal of existing art from the generative AI equation is impossible. The latter simply cannot exist without the former; the big legal debate seems to hang on whether consumption was protected under the doctrine of fair use, or was straightforward copyright infringement.

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Copyright Music Fair Use Reporting 90

43(B)log

FEBRUARY 4, 2023

Romantic authorship: feminist scholars critically assess role of originality in © and image of authorship as a solitary, isolated male genius detached from his community and the background of the art in which he works (Shelley Wright). Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

Copyright 64

Copyright Editing Settlement Music 64

Trading Secrets

NOVEMBER 2, 2023

Although the Executive Order does not provide great detail, we expect guidance on: AI-Generated Art: Copyright issues arise when AI systems generate art, music, or literature. Fair Use: The Executive Order encourages data sharing and research. Fair Use: The Executive Order encourages data sharing and research.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

JANUARY 5, 2022

But the Texas courts found no taking, reasoning that nothing was taken from the photographer as he still had the right to use, and license others to use, his photographs. ” As Thomas Creel points out in Are Patents Property That is Protected By The US Constitution? .”); See Harper & Row, Publishers, Inc.

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Intellectual Property Government Invention Copyright 52

43(B)log

FEBRUARY 4, 2023

Justin Koo, Exporting Fair Use to Developing Copyright Systems Difficult to grow when the law doesn’t have flexibility—across the Commonwealth Carribean. Either involuntarily imposed on us or adopted from UK w/o adaptation to local needs/lack of resources in former colonies. Will importing fair use solve any problems?

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Copyright Fair Use Privacy Derivative Work 59

LexBlog IP

NOVEMBER 2, 2023

Although the Executive Order does not provide great detail, we expect guidance on: AI-Generated Art: Copyright issues arise when AI systems generate art, music, or literature. Fair Use: The Executive Order encourages data sharing and research. Fair Use: The Executive Order encourages data sharing and research.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Although the Executive Order does not provide great detail, we expect guidance on: AI-Generated Art: Copyright issues arise when AI systems generate art, music, or literature. Fair Use: The Executive Order encourages data sharing and research. Fair Use: The Executive Order encourages data sharing and research.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. Miramax LLC v.

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Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

DECEMBER 30, 2023

[Delhi High Court] On May 23, the Delhi High Court passed an interesting jud gement on the issue of ownership of the copyright in a film screenplay and held that the copyright in the screenplay of the film ‘Nayak’, lay with Satyajit Ray and on his demise, with his son Sandip Ray and the Society for Preservation of Satyajit Ray Archives (SPSRA).

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IP Copyright Trademark Intellectual Property 124

43(B)log

OCTOBER 4, 2021

The court found that this was nominative fair use, which provides a defense in the Ninth Circuit when a trademarked product or service isn’t readily identifable without use of the mark, the use is no greater than necessary, and the defendant does nothing else to suggest confusion. ASU is appealing to the Ninth Circuit.

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