IP Law 360

JANUARY 12, 2022

Supreme Court to look into the Second Circuit's decision that found Andy Warhol's artwork didn't make fair use of a photo of music legend Prince, saying that such works are "far from lacking creativity." American conceptual artist Barbara Kruger is urging the U.S.

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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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Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

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Artwork Copyright Infringement Copyright Art 88

Traverse Legal Blog

OCTOBER 20, 2022

NFTs are being used in all forms of entertainment, gaming, art and science. The tokenization of digital files so that a single owner of that file can be recorded on the blockchain and identified is an important breakthrough in IP protection. . What is a Fair Use Defense to a Copyright Infringement Claim?

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

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IP Law 360

AUGUST 16, 2022

Supreme Court it should affirm a Second Circuit decision that Andy Warhol's artwork did not make fair use of a photo of music legend Prince, telling the justices that siding with Warhol "would dramatically expand" the fair-use doctrine. The Biden administration has told the U.S.

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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] Section 107 of the Copyright Act provides that “fair use of a copyrighted work. 14] Justice Sotomayor noted that Campbell v.

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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] Section 107 of the Copyright Act provides that “fair use of a copyrighted work. 14] Justice Sotomayor noted that Campbell v.

Fair Use 52

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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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The IPKat

FEBRUARY 20, 2024

Background As previously reported by the IPKat last year, VEGAP, a collective management organisation for intellectual property rights in Spain, brought a claim against Punto Na SA, the IP holding company for the well-known clothing brand Mango, seeking compensation in respect of the alleged infringement of copyright in certain artworks.

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IP Law 360

MARCH 28, 2022

Supreme Court on Monday agreed to review the Second Circuit's decision that Andy Warhol's artwork didn't make fair use of a photo of music legend Prince, following a petition that argued that the high court needs to clarify a circuit split on what makes a work transformative.

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Artwork Fair Use Music Copyright 98

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 is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Art Artwork Intellectual Property Copyright Law 52

IPilogue

NOVEMBER 30, 2022

On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. The speakers at IP Osgoode’s Bracing for Impact Conference: The Future of AI for Society told many stories and pondered many questions. Photo by Buda Photography.

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IP Law 360

OCTOBER 7, 2022

Supreme Court in a copyright dispute over whether Andy Warhol's artwork made fair use of a photo of music legend Prince. A trio of attorneys who have experience both in BigLaw and the federal government will be arguing before the U.S.

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IP Law 360

JULY 13, 2022

The Ninth Circuit has thrown out a California federal court's refusal to enforce a French court's €2 million judgment in a suit over copyrighted photographs of Pablo Picasso's artwork, finding that multiple factors weighed against the fair use defense.

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IP Law 360

JUNE 10, 2022

Supreme Court to overturn the Second Circuit's ruling that found pop artist Andy Warhol's artwork didn't make fair use of a photo of music legend Prince, saying that the appeals court's "cramped" reading of what makes a work transformative will harm the art world and the creation of future works.

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Dear Rich IP Blog

AUGUST 3, 2022

But if you can't get permission, you may have a reasonable fair use argument. Reproducing the image without the copyright owner's permission is an infringement unless you can claim fair use. Wofsy in which museum catalog photos of Picasso artworks were reproduced). See DeFontbrune v. If you go with the photo.

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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?

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IP Law 360

MARCH 15, 2023

The owner of copyrights to photographs of Picasso's artwork has urged the U.S. million) infringement judgment, arguing that the decision did not mishandle the fair use doctrine. Supreme Court not to review a Ninth Circuit decision that revived his suit seeking enforcement of a French court's €2 million ($2.12

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LexBlog IP

SEPTEMBER 15, 2022

Transfers of rights: How does the transfer of an NFT impact IP rights in the associated asset? Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? Infringement of rights: What is the appropriate infringement analysis where an NFT is associated with an asset covered by third-party IP?

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IPilogue

JULY 18, 2022

Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. The focus of the conflict was the meaning of “transformative works” in the U.S.

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Dear Rich IP Blog

JANUARY 16, 2024

However, people who find abandoned artwork, manuscripts, and musical recordings can claim ownership of the physical objects. Distributors usually require an indemnity provision guaranteeing your rights to use all the material. Physical ownership of a work is not the same as copyright ownership. Transfer of ownership ≠ publication.

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Erik K Pelton

DECEMBER 20, 2022

Additionally, since late December 2021, when new procedures went into effect, the USPTO has received around 100 expungement petitions and about 100 re-examination petitions to get rid of registrations for marks that are allegedly not in use. IP Cases Abound at the Supreme Court. Hetronic International, Inc. Queen of Christmas.

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LexBlog IP

SEPTEMBER 9, 2021

Motherboard notes that this is at a time when Furie himself is getting into the NFT game with his own artwork of Pepe the Frog. Instead, Motherboard collects comments from moderators that lament money lost as an investment or engage in whataboutism related to Furie’s work they feel is somehow infringing on others’ IP.

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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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IIPRD

FEBRUARY 25, 2022

Moreover, a mere collage of an artwork “Everydays – The First 5000 Days” made by him was sold for $69.3mnin an auction. Further, the world of digital art itself is so immensely entangled that recreations of designs and products that are protected under IP rights often go unnoticed. IP Implications under NFTs. Conclusion.

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LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense. Goldsmith opposed the Petition.

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LexBlog IP

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. The Court is expected to hear arguments this fall.

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M. Therefore, Allen asserts the final work is eligible for copyright registration.

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LexBlog IP

JULY 17, 2023

How can this be considered an original artwork and who is the author? It can also cause a range of problems when it comes to determining who owns the rights to the artwork and how it can be used. Originality Copyright law requires that a work be original and have at least a minimal creative contribution in order to be protected.

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IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. See Questions 6-14 of Notice.

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IP Tech Blog

JUNE 8, 2023

Under Rogers , use of another’s trademark in an expressive work might not pass muster if the challenged use has no relevance to the underlying work or where it expressly misleads as to the source or content of the work. cannot include. every parody or humorous commentary.” The case is Jack Daniel’s Properties, Inc v. June 8, 2023).

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LexBlog IP

OCTOBER 10, 2023

However, in 5Pointz the building owner consented to the artwork installation. What if the social media account is used to promote the account owner’s own goods or services, or a third party’s brand? Copyright Law grants the author the exclusive rights to exploit the work, subject to certain fair use defenses.

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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’). ChatGPT , Smodin ), to perform music (i.e., In 2019, the U.S.

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LexBlog IP

MARCH 18, 2022

NFTs are unique tokens based on blockchain technology and used as digital assets. 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. First, NFT’s have enormous significance in the IP world.

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LexBlog IP

SEPTEMBER 25, 2023

.” As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system.

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