Artwork Copying Derivative Work Law 
Kluwer Copyright Blog
APRIL 22, 2024
Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. And why is that?
IPilogue
JULY 18, 2022
Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The focus of the conflict was the meaning of “transformative works” in the U.S. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art.
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Indiana Intellectual Property Law
JUNE 1, 2023
Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.
The IP Law Blog
MAY 25, 2023
Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.
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. One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. 17 U.S.C. §
Copyright Lately
JANUARY 23, 2023
Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” None of it includes copies of images. You’d be wrong.
IP Tech Blog
JUNE 2, 2023
The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” The Court recognized that the “purpose and character” of some copying could be “transformative” and thus could favor a finding of fair use. Goldsmith et al, Case No.
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