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How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Kluwer Copyright Blog

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. However, such uses must be licensed or be held unfair.

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Copyright Office Rejects Another Bid to Register Artwork “Co-Authored” by AI

LexBlog IP

On December 11, 2023, the Copyright Review Board affirmed the Copyright Office’s decision to reject Ankit Sahni’s application to register the AI-generated work depicted above. In effect, Sanhi was attempting to register the artwork as a derivative of his photograph.

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First duel between NFTs and copyright before the Spanish courts: NFTs 1 – Authors 0

Kluwer Copyright Blog

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. social networks, OpenSea and Decentraland digital platforms). VEGAP has announced that it has appealed this judgment.

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Using that classic piece of art on a book cover: Grr…

The IPKat

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Consider the following book cover of the Penguin Classics edition of Jane Austen's novel, " Mansfield Pak ". But what about the use of the artwork on assorted items of commerce?

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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series. It shows ‘the intent to sign’ and legally digitally captures the acceptance of a binding contract.

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U.S. Copyright Guidelines for Works Containing AI-Generated Material

LexBlog IP

Derivative Works and AI-Generated Material A. Permission from original copyright holders If a work incorporates AI-generated material based on pre-existing copyrighted content, the creator must obtain permission from the original copyright holder(s) to use the material. Joint Authorship A.

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IP Protection of NFTs: A Comparative Look at the US and China

IP Tech Blog

The exclusivity of exploitation is key to the success of a limited-edition collectible. If the other opinion becomes the standard, whoever mints the artwork first will be the copyright owner and the artist could be at risk of losing their artwork in NFT form. Is this the same in the US and China? The United States.

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