IP Law 360

MAY 18, 2023

Supreme Court Justice Elena Kagan let her artistic mind be known Thursday in a fiery dissent slamming Justice Sonia Sotomayor's majority opinion for "ignoring" the transformative nature of Andy Warhol's licensed artwork drawing on a photographer's portrait of music icon Prince.

Artwork 40

Artwork Music Licensing 40

The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.

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Fair Use Derivative Work Artwork Copyright Law 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. And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces?

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Art Artwork Intellectual Property Copyright Law 52

IIPRD

FEBRUARY 6, 2024

Introduction The media and entertainment industry is a broad and ever-evolving domain that includes several industries, including music, cinema, television, fashion, and more. It gives authors and artists the sole ownership rights to their original writings, music, films, and artwork.

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Intellectual Property Cease and Desist Copyright Law Music 52

LexBlog IP

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” It will impede new art, music and literature.

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Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” It will impede new art, music and literature.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

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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Fair Use Art Licensing Derivative Work 52

Intepat

SEPTEMBER 15, 2023

These algorithms analyze colossal datasets of existing art, music, literature, or other forms of creative content to learn patterns and generate original works. AI-generated art represents a fusion of human ingenuity in crafting algorithms and the machine’s ability to produce artworks autonomously.

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Art Copyright Ownership Non-Fungible Tokens 105

Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? Where copyright protects works of creative authorship, such as books, movies, music, etc., In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license. Why did the company do this?

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Trademark Copyright Cease and Desist Copying 243

The IPKat

DECEMBER 14, 2023

January: The year kicked off in Tanzania with the news that the Parliamentary Standing Committee in Tanzania received a report from the Ministry of Culture, Arts and Sports addressing its efforts to review and improve the loopholes found in the Copyright Licensing and Rights to Benefit from Re-Sale Regulations, 2022.

Copyright 92

Copyright IP Social Media Copyright Infringement 92

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. Warhol took some liberties that went beyond the original license and created a set of sixteen Prince silkscreens. Acuff-Rose Music, Inc. ,

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Fair Use Copyright Derivative Work Art 134

Kluwer Copyright Blog

JUNE 5, 2023

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. Acuff-Rose Music, Inc. However, such uses must be licensed or be held unfair.

Derivative Work 115

Derivative Work Fair Use Licensing Art 115

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 Art 82

Traverse Legal Blog

OCTOBER 20, 2022

An NFT, or “non-fungible token” is a token added to a blockchain that links ownership to unique digital items (images, video files, audio files, artworks, etc.). Can NFTs Reflect Ownership License Rights or Other IP? Ownership and licensing ( copyrights & trademarks) vital when dealing in NFTs. What is a Non Fungible Token?

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Non-Fungible Tokens Copyright Law Trademark Copyright 49

IP Tech Blog

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. Goldsmith, Andy Warhol not only used Ms.

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Fair Use Derivative Work Copying Licensing 57

IP and Legal Filings

NOVEMBER 18, 2021

Many aspiring artists have now started converting their physical and digital artworks into NFTs and putting it up for sale, with many making considerable profits. NFTs have sparked several discussions raising questions on how this would affect IP Rights and what ownership of artwork, especially digital copies of artwork entails.

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IP Non-Fungible Tokens Ownership Artwork 52

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

Kluwer Copyright Blog

OCTOBER 17, 2023

ChatGPT , Smodin ), to perform music (i.e., 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’).

Copyright 123

Copyright Art Copyright Law Licensing 123

IP and Legal Filings

SEPTEMBER 20, 2023

Copyrights can be awarded for usage of literary works, dramatic works, cinematographic films, musical works and even for the designs of clothes and jewelry. Any specific design or original artwork that is incorporated into a garment is capable of being protected under the copyright laws. Musical Works. Artistic Works.

Designs 90

Designs Design Copyright Copyright Infringement 90

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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IP and Legal Filings

OCTOBER 28, 2022

A digital asset that is held on a blockchain, such as music, art, in-game items, or films, is referred to as an NFT. These classifications are then used, among other things, to establish what business licensing is necessary for a given industry. Non-fungible tokens (“NFTs”) continue to be popular. electronic data deletion.

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Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 86

LexBlog IP

JULY 13, 2021

Because NFTs are often digital artworks, it helps to think in terms of art. An NFT can represent anything in digital form, from visual artworks to music, multimedia, e-books and even digital trading cards. Similarly, one Bitcoin is interchangeable with another. The Mona Lisa is non-fungible.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Art Ownership 59

IIPRD

AUGUST 4, 2022

The reason for this is that copyright encompasses all types of original literary, artistic, musical, theatrical, cinematographic, and other works. So, whether it’s your original reel, a musical composition, a YouTube video, a painting you shared, or a write-up you wrote as a social media influencer, everything is copyright protected.

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Social Media Intellectual Property Non-Fungible Tokens Music 45

LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? ” So although it was the NFTs themselves that garnered prices comparable to real-life luxury handbags, Hermès’ infringement claim necessarily had to center around unauthorized use of the mark for the underlying artwork.

IP 52

IP Non-Fungible Tokens Artwork Intellectual Property 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

LexBlog IP

APRIL 6, 2022

Finally, the AWF argues that the Second Circuit’s decision “will chill artistic expression and undermine First Amendment values,” because it will discourage artists from creating new works and museums from displaying artwork because they cannot easily predict whether a work will be deemed transformative.

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Fair Use Artwork Art Blogging 52

Kluwer Copyright Blog

JUNE 30, 2021

The rest of the dance routine music consists of other songs. This decision will certainly be welcomed by documentary makers, who may now feel more encouraged to use works created by others – not only music but also visual artworks, especially those which are placed in the public environment.

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Fair Use Copyright Law Copyright Law 103

The IPKat

FEBRUARY 3, 2023

To add additional complexity to the situation, under the Stable Diffusion license , Stability AI claims no rights in the outputs of the model as long as the user has complied with use restrictions designed to prevent the dissemination of harmful materials.

Litigation 143

Litigation Copying Copyright Designs 143

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 92

Blogging Social Media Television Fair Use 92

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. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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Copyright Art Fair Use Registration 145

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. There are two cases that could help NFT owners better understand how to protect their property under copyrights.

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IP Ownership Non-Fungible Tokens Copyright Law 109

Copyright Lately

JANUARY 23, 2023

“A photorealistic dining table made out of old license plates” (Midjourney) The tool can then apply its knowledge of tables to the knowledge it has acquired about aesthetic choices, styles and perspectives, all en route to creating a new image that’s never existed before. The Copyright Act Definition is Broad, But.

Derivative Work 107

Derivative Work Art Copying Fair Use 107

43(B)log

AUGUST 22, 2022

Sony Music Entertainment, P.3d Serova bought Michael , “an album of music billed as Michael Jackson’s first posthumous release,” which promised “9 previously unreleased vocal tracks performed by” Jackson. Penultimately, what about the album title, Michael , and artwork, featuring images of Jackson? Charles v. . …

False Advertising 59

False Advertising Advertising Advertising Artistic Work 59

IP Whiteboard

JUNE 7, 2021

A non-fungible token is a one-of-a-kind digital token that may be linked to another item or asset, often a digital work, such as a drawing, video or piece of music. NFTs have a variety of uses which extend far beyond digital artwork. IP owners should also clearly address revenue sharing issues in the licensing agreement.

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Non-Fungible Tokens IP Cease and Desist Ownership 40

IIPRD

FEBRUARY 25, 2022

The development of these tokens has marked a new age of transparency and digital security as it is now possible to create and store a plethora of creations consisting of art, music, contracts, records, pictures, and even tweets as digital assets. Tokenisation and Ownership of Digital Assets under NFTs. IP Implications under NFTs.

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Non-Fungible Tokens IP Ownership Intellectual Property 40

IP and Legal Filings

AUGUST 13, 2022

Recently a music-band name “Kings of Leon” sold 4-lifetime golden tickets as NFTs, and they were sold for almost $441,368. At present, there is an absence of an effective mechanism protecting the rights of the original creator of that artwork. as non-fungible tokens and fans have bought the same for millions of dollars.

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Non-Fungible Tokens Intellectual Property Government Art 52