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

Plagiarism Today

OCTOBER 26, 2021

This means, theoretically, that elements such as the Superman “S” can be protected by copyright because they are separate elements that are merely copied onto the clothing. Unique Industries , the 3rd Circuit Court of Appeals ruled that masks broadly fall outside the “useful article” classification and do qualify for copyright protection.

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Trademark Copyright Cease and Desist Copying 242

Dear Rich IP Blog

JANUARY 16, 2024

However, people who find abandoned artwork, manuscripts, and musical recordings can claim ownership of the physical objects. Distributors usually require an indemnity provision guaranteeing your rights to use all the material. Physical ownership of a work is not the same as copyright ownership.

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Ownership Fair Use Artwork Copyright 59

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] 10] The more transformative a work is, the more likely it is to be considered fair use. Since the Supreme Court’s decision in Campbell v.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

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.” The current Stable Diffusion model uses about 5 gigabytes of data.

Derivative Work 108

Derivative Work Art Copying Fair Use 108

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Acuff-Rose Music, Inc. , by Dennis Crouch. Goldsmith , Docket No.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 90

Blogging Social Media Television Fair Use 90

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Getty Images , Newgrounds , and PurplePort ).

Copyright 145

Copyright Art Fair Use Registration 145

LexBlog IP

SEPTEMBER 15, 2022

January 2022: Rapper Lil Yachty (real name: Miles Parks McCollum) sues NFT seller Opulous for trademark infringement based on Opulous using his name and likeness as part of a “Lil Yachty NFT Collection” advertising access to his new music. Miles Parks McCollum v. Opulous et al. 2:22-cv-00587, U.S. .”

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 52

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

MAY 9, 2023

AI-generated vocals are roiling the music industry , with platforms acting to take down infringing content. Authors and copyright holders are concern ed that generative AI tools are built on the unauthorized and unremunerated use of their works, while at the same time negatively impacting their livelihood.

Copyright 138

Copyright Fair Use Copyright Law Law 138

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

Blogging 52

Blogging Law IP Fair Use 52

IIPRD

JANUARY 18, 2022

the restriction against reproducing or copying copyright works) or communication right is infringed. It could be used by a fashion business to sell its own show footage or personalized backstage images. When it comes to digital copies, the NFT makes it easy to track down the original copy that a collector would want to buy.

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Non-Fungible Tokens Intellectual Property Ownership Branding 40

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52