Contracts Copyright Law Derivative Work Fair Use 
Velocity of Content
MARCH 16, 2023
Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning).
Plagiarism Today
SEPTEMBER 28, 2021
In that apology, Butz admitted he was “clearly ignorant about copyright laws and got defensive when it was brought to my attention.” ” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works.
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Technology & Marketing Law Blog
JUNE 20, 2023
Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).
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.
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.
Technology & Marketing Law Blog
OCTOBER 19, 2021
It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Implied-in-Law Contract/Unjust Enrichment. Implications.
Technology & Marketing Law Blog
JUNE 17, 2023
¯_(ツ)_/¯ We can infer from this opinion that treatment of Copyright Management Information (“CMI”) will be tricky for generative AI developers. Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage.
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