IP Tech Blog

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way. Acuff-Rose Music, Inc., 569, 579 (1994)) that will clearly be fair use.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

LexBlog IP

MAY 19, 2023

Goldsmith Could Reshape the Copyright Landscape Inspiration, Derivative Works, Appropriation, and Infringement: Understanding the Differences Empowering Artists: Benefits and Considerations Navigating the Aftermath: Key Takeaways from Warhol v. Goldsmith Navigating the Future Legal Landscape Warhol v. .”

Fair Use 52

Fair Use Art Licensing Derivative Work 52

LexBlog IP

APRIL 23, 2023

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. Examples of AI-Generated Material A.

Copyright 52

Copyright Intellectual Property Editing Derivative Work 52

LexBlog IP

JUNE 2, 2023

What is or is not “transformative,” however, is largely framed by the original author’s statutory right to control derivative works, i.e., a new work of authorship that is created by modifying, transforming or adapting the original in some way. Acuff-Rose Music, Inc.,

Fair Use 52

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.

Artwork 82

Artwork Contracts False Advertising Intellectual Property 82

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?

IP 109

IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

JULY 7, 2023

8] Second, as to the works’ purpose, the court found that it was unclear whether Prince intended to create a parody of the original photographs, a satire of society’s use of social media, or neither, pointing out Prince’s own contradictory testimony on the question. [9] Many derivative works. Goldsmith , 11 F.4th

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Kashishipr

JUNE 16, 2021

Copyright and trade secrets like software, secret formula/recipes, music, etc., Of these crimes, Intellectual Property (IP) theft is one of the many, which involves stealing copyright, patents, industrial designs, etc., by using the internet and computers as a medium.

Intellectual Property 98

Intellectual Property IP Confidentiality Registering Trademarks 98

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

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. That’s understandable.

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Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Intellectual Property Law Blog

JUNE 5, 2023

The effect upon the potential market for or value of the copyrighted work. [8] 10] The more transformative a work is, the more likely it is to be considered fair use. 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] It will impede new art, music and literature.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

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. Acuff-Rose Music, Inc. , The Copyright Act promises the original creator some amount of control over similar and follow-on works. 569 (1994).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

LexBlog IP

JUNE 5, 2023

The effect upon the potential market for or value of the copyrighted work. [8] 10] The more transformative a work is, the more likely it is to be considered fair use. 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] It will impede new art, music and literature.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

The effect upon the potential market for or value of the copyrighted work. [8] 10] The more transformative a work is, the more likely it is to be considered fair use. 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] It will impede new art, music and literature.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

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

Copyright Lately

NOVEMBER 21, 2021

Miramax claims, among other things, that the preparation and sale of these derivative works constitutes copyright infringement because the contractual rights Tarantino reserved in his 1993 agreement with Miramax don’t cover NFTs. The breathless media reports soon followed. The NFT isn’t the image.

Copying 127

Copying Non-Fungible Tokens Contracts Copyright 127

LexBlog IP

APRIL 13, 2022

According to Miramax, the creation of the NFTs constituted copyright infringement because they were unauthorized derivative works of Pulp Fiction. [23] Adams created an original digital artwork that “reinterpret[ed] and recontextualize[d] the album cover to create a new contemporary take on a portrait that defined an era.”

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 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