Copyright Lately

AUGUST 25, 2023

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence. Importantly, however, there will still be no copyright protection in the AI-generated material itself.

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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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Copyright Lately

MAY 22, 2023

Meanwhile, by the time the case reached the Court, photographer Lynn Goldsmith had limited her challenge to AWF’s act of licensing Warhol’s work to Condé Nast for use in a magazine commemorating Prince’s death. This doesn’t mean that satire can’t qualify as fair use, but it does require greater justification.

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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

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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Trademark Non-Fungible Tokens Branding Brands 62

Kashishipr

JUNE 16, 2021

The 2018 Netwrix IT Risks Report found that small and medium businesses are even more vulnerable to IP theft and cyber espionage than enterprises; however, their losses go unnoticed. Copyright and trade secrets like software, secret formula/recipes, music, etc.,

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Intellectual Property IP Confidentiality Registering Trademarks 98

Copyright Lately

MAY 6, 2022

The same rule applies to digital artworks sold as NFTs. According to the group’s statement on Medium , the rights held by ViacomCBS in “Teenage Mutant Ninja Turtles” did not extend to the 1987 animated series: “Our legal team is also working to get in direct contact with Viacom to keep things clear between all parties.

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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. In fact, the copyright owner is given exclusive rights to control preparation of any “derivative works based upon the copyrighted work.”

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Intellectual Property Law Blog

JUNE 5, 2023

Section 107 of the Copyright Act provides that “fair use of a copyrighted work … for purposes such as criticism, comment, news reporting, teaching … scholarship, or research is not an infringement of copyright.” [7] 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14]

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Fair Use Licensing Cease and Desist Derivative Work 130

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? It will focus on the s.10(3)

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LexBlog IP

JUNE 5, 2023

Section 107 of the Copyright Act provides that “fair use of a copyrighted work. for purposes such as criticism, comment, news reporting, teaching. 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] scholarship, or research is not an infringement of copyright.”

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

Section 107 of the Copyright Act provides that “fair use of a copyrighted work. for purposes such as criticism, comment, news reporting, teaching. 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14] scholarship, or research is not an infringement of copyright.”

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Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

MAY 9, 2023

Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system? Under US law, is the output a “ derivative work ” of the “ingested” copyrighted works? There is disagreement among commentators whether this is a desirable development.

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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.

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Copying Non-Fungible Tokens Contracts Copyright 127

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. 53]. * * *. 1]. Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” Copyright Office, Annual Report of the Register of Copyrights, Fiscal Year Ending September 30, 2008 , at 12–13 (2008). Factual and Procedural Background. 3d 1194 , 1196 (9th Cir.

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