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NFTs: promisingly transformational, yet fraught with IP pitfalls – Part I

Kluwer Copyright Blog

Image by Tumisu via Pixabay Non-fungible tokens (NFTs) are altering society’s notion of digital ‘ownership’ and redefining the common perspective on distribution of original works to consumers by introducing scarcity to the digital realm.

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SCOTUS Denies Cert in Thaler – The Thorny Issue of AI Inventorship

LexBlog IP

Extending to copyright law, where Thaler is fighting a similar battle, isn’t there a “modicum of creativity” leading to the AI-created work? Copyright law does this well with the protection of derivative works. The term “Derivative Work” is defined in 17 U.S.C. §

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Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

“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. (If You’d be wrong.

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Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

IP Tech Blog

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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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

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. Applying a new lens on how to view the purpose of a derivative work under U.S. Copyright law in the U.S.

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Bungie & Destiny 2 Cheat Creator Agree $13.5m Copyright Damages Judgment

TorrentFreak

Bungie’s claims were underpinned by alleged breaches of copyright law, including the DMCA’s anti-circumvention provisions. The defendants threaten the gaming experience, Bungie added, noting that anti-cheating mitigation technology had cost it “exorbitant amounts of money.” 1201(a) and (b) ).

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Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

TorrentFreak

It is unlikely that these features will appear on a licensed mainstream service but that doesn’t stop subscribers from desiring them. for a ‘lifetime’ license. You agree that as a condition of your license, you will not: i. Copyright Law and DRM. Still, here’s the relevant section.

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