LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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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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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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IPilogue

NOVEMBER 30, 2022

Claire Wortsman is an IPilogue Senior Editor and a 3L JD Candidate at Osgoode Hall Law School. On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. Copyright law protects and should continue to protect communicative and dialogical spaces.

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Dear Rich IP Blog

AUGUST 3, 2022

But if you can't get permission, you may have a reasonable fair use argument. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. Wofsy in which museum catalog photos of Picasso artworks were reproduced). Architectural copyright.

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LexBlog IP

JULY 17, 2023

How can this be considered an original artwork and who is the author? These are all questions that complicate copyright laws which require that a work be original in order to be protected intellectual property. This case was not addressing AI directly but was determining the authorship of a selfie taken by a monkey.

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LexBlog IP

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. The Court is expected to hear arguments this fall.

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LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense. Goldsmith opposed the Petition.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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IP Tech Blog

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. See Questions 6-14 of Notice. We will track further developments in this space.

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Therefore, Allen asserts the final work is eligible for copyright registration. Last year, Jason M.

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LexBlog IP

OCTOBER 10, 2023

However, in 5Pointz the building owner consented to the artwork installation. What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses.

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SpicyIP

MARCH 10, 2023

It is capable of writing articles, translating, summarizing and answering follow-up questions and can also create content that can be protected under copyright law. When used in a manner that is commercial or public, the Output might not even qualify as fair use, unless it is sufficiently transformative.

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LexBlog IP

OCTOBER 3, 2023

The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Perlmutter, et.

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LexBlog IP

SEPTEMBER 25, 2023

The USCO is doing this with an eye toward possible changes or clarifications on what is copyrightable in this realm and to fulfill its functions of advising Congress and serving as a public resource on copyright law matters. See Questions 6-14 of Notice.

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IP Tech Blog

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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LexBlog IP

MARCH 18, 2022

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works. .”

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Traverse Legal Blog

OCTOBER 20, 2022

NFTs are being used in all forms of entertainment, gaming, art and science. The tokenization of digital files so that a single owner of that file can be recorded on the blockchain and identified is an important breakthrough in IP protection. . What is a Fair Use Defense to a Copyright Infringement Claim?

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Kluwer Copyright Blog

JULY 16, 2023

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

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LexBlog IP

APRIL 20, 2022

Where IP Spring Cleaning Starts : Whether applied to home or office, literally or figuratively, spring cleaning’s cultural, historic, and biological roots have intellectual property law analogs and other legal offshoots. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v.

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