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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Fair Use Derivative Work Copying Licensing 52

The IPKat

JANUARY 18, 2023

In particular, it stands out a concept which is frequently neglected when NFTs are explained: the link to the image, i.e., the artwork, is not contained in the smart contract (the piece of software written in Solidity programming language which generates an NFT) but in a JSON file (“JavaScript Object Notation”) which contains the NFT’s metadata.

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Artwork Contracts False Advertising Intellectual Property 82

LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

IP Tech Blog

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. Is this the same in the US and China? Can other IP rights like trademarks play a role in protecting NFTs?

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IP Ownership Non-Fungible Tokens Copyright Law 109

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

JANUARY 4, 2023

Through the secure blockchain technology, NFTs allow the creation and sale of exclusive and limited content in the form of collectible digital assets that can be transported on multiple media such as images, videos, or music. Is this the same in the US and China? Can other IP rights like trademarks play a role in protecting NFTs?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. Rather, Warhol worked from a set of studio photographs by famed celebrity photographer Lynn Goldsmith. Warhol was never personally a party to the license).

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Fair Use Copyright Derivative Work Art 134

Kluwer Copyright Blog

JULY 16, 2023

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.” by Pamela Samuelson “In March 2022 the U.S.

Blogging 52

Blogging Law IP Fair Use 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.

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Copyright Fair Use Copyright Law Law 138

LexBlog IP

APRIL 13, 2022

On August 6, Roc-A-Fella filed an amended complaint, naming GoDigital, a company to which Dash allegedly granted the right to license Reasonable Doubt to certain websites, as a co-defendant. [13] According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction.

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