Intellectual Property Law Blog

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Warhol was never personally a party to the license). 21-869 (2022).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. Leaving the law aside, generative AI triggered some backlash in 2022.

Copyright 145

Copyright Art Fair Use Registration 145

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 90

Blogging Social Media Television Fair Use 90

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.,

Copyright 124

Copyright Art Copyright Law Licensing 124

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

APRIL 8, 2024

Several possible causes of overfitting have been reported in the literature : high complexity of the AI model, leading it to mould too closely to the training data; limited training data; and too much noisy data, affecting the model’s ability to distinguish relevant information – a signal – from the irrelevant – a noise.

Fair Use 113

Fair Use Copyright Copying Technology 113

Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. NFTs are being used in all forms of entertainment, gaming, art and science. That NFT can be transferred or licensed to subsequent NFT owners, all of which is recorded on the blockchain. . Does “Fair Use” Apply to NFTs?

Non-Fungible Tokens 40

Non-Fungible Tokens Fair Use Intellectual Property Copyright Infringement 40

Plagiarism Today

FEBRUARY 7, 2022

First off today, Ashley Cullins at The Hollywood Reporter Esquire reports that Instagram has secured the dismissal of a lawsuit filed against it by two photographers who claimed that the service’s embedding feature enabled copyright infringement. That artwork was used by Koons in his later work, prompting the lawsuit.

Copyright Infringement 189

Copyright Infringement Artwork Reporting Fair Use 189

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright 138

Copyright Fair Use Copyright Law Law 138

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)

Blogging 52

Blogging Law IP Fair Use 52

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.

Non-Fungible Tokens 52

Non-Fungible Tokens Social Media Contracts Branding 52

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52