LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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Olartemoure Blog

JANUARY 18, 2023

He used a cropped photo based on one of Goldsmith’s images to create his artwork. The photographer became aware of the use of her photograph in 2016 when Prince died, and the Andy Warhol Foundation licensed the use of Warhol’s “Prince Series” to use in a magazine commemorating his life.

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Copyright Artwork Copyright Infringement Fair Use 98

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

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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. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. Copyright law in the U.S.

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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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IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

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Plagiarism Today

DECEMBER 8, 2021

1: YouTuber Hit With 150 Copyright Claims For Reviews Featuring Anime Footage. First off today, Brian Ashcraft at Kotaku reports that YouTuber Mark Fitzpatrick, better known as Totally Not Mark, says that he does not know what is next after the anime studio Toei has filed copyright claims against some 150 of the videos on his channel.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.

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Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

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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 question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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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. 17 of the Copyright Act, 1957 (the Act). But under Sec.

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JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

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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’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

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LexBlog IP

MAY 19, 2023

Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1]

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IP Tech Blog

SEPTEMBER 25, 2023

Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. In this post, we will provide more information about this USCO initiative and some preliminary thoughts on its implications for the copyrightability of AI-generated works in the future. Now, the U.S.

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LexBlog IP

SEPTEMBER 25, 2023

Copyright Office (USCO) is seeking public comments on the various legal, technical and policy issues raised by AI systems. In this post, we will provide more information about this USCO initiative and some preliminary thoughts on its implications for the copyrightability of AI-generated works in the future. Now, the U.S.

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Copyright Technology Artwork Fair Use 52

The IPKat

JULY 9, 2023

This is a review of “ Copyright in the street. As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. This book should not be perceived as a classic manual on the application of copyright to these art forms.

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Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? Inputs When it comes to potentially infringing actions committed by the developers of AI tools, the most likely candidate is the initial scraping (i.e.

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Derivative Work Art Copying Fair Use 108

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

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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] Goldsmith was not paid or credited for this use. 107), “when it conveys a different meaning or message from its source material.”

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Fair Use Licensing Cease and Desist Derivative Work 130

Traverse Legal Blog

OCTOBER 20, 2022

Intellectual property should be registered with the USPTO or Copyright office to receive maximum protection. Linking your copyrighted work to a NFT and recording ownership on the blockchain shows provenance or immutable ownership. Like all other copyrighted works, the issue of “Fair Use” also arises in the Eeb3 and NFT space.

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Kluwer Copyright Blog

MAY 9, 2023

TLDR Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive.

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Copyright Fair Use Copyright Law Law 138

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] Goldsmith was not paid or credited for this use. Section 107 of the Copyright Act provides that “fair use of a copyrighted work.

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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] Goldsmith was not paid or credited for this use. 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

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. NFTs also may embody or use trademarks. .” This is highlighted in the case of Hermès International v.

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Trademark Non-Fungible Tokens Intellectual Property Branding 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. NFTs also may embody or use trademarks. This is highlighted in the case of Hermès International v.

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Plagiarism Today

FEBRUARY 7, 2022

First off today, Ashley Cullins at The Hollywood Reporter Esquire reports that Instagram has secured the dismissal of a lawsuit filed against it by two photographers who claimed that the service’s embedding feature enabled copyright infringement. 2: Warner Brothers Blocks Fidesz Attack Video for Breaching Copyright.

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Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

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Blogging Law IP Fair Use 52

LexBlog IP

APRIL 13, 2022

Although none has reached a resolution, these private civil actions highlight various legal theories of liability that could arise when participating in the NFT market, including claims for copyright infringement, trademark infringement, breach of contract and violations of securities laws. Damon Dash. Roc-A-Fella Records Inc.

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43(B)log

FEBRUARY 2, 2024

Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement. DJ sought declaratory judgment that Prince Series as such was transformative, grounded in the artwork itself; a static claim w/o regard to specific use or purpose. Glynn Lunney, Transforming Fair Use.

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IIPRD

JANUARY 18, 2022

Copyright infringement arises when reproduction right is infringed (i.e. the restriction against reproducing or copying copyright works) or communication right is infringed. the restriction against communicating copyright works to a new public not originally envisaged by the copyright owner).

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Non-Fungible Tokens Intellectual Property Ownership Branding 40