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Around the IP Blogs

The IPKat

It has been the coldest days of the year where this Kat is based - perfect weather for looking into what other IP Blogs have been into recently:- Copyright The Kluwer Copyright Blog addressed the issue of moral rights in relation to artificial intelligence and copyright protection.

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Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI

Kluwer Copyright Blog

Copyright Act is an extremely limited right, and fair uses of artworks are explicitly made exempt from attribution requirements. However, a moral right of authors to be attributed for their works is recognized outside the United States , and, in some cases, this right also enables authors to protest the false attribution of works to them.

Fair Use 137
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Thomas and Henrietta Maria Bowdler, and the works of William Shakespeare: Is "bowdlerizing" a four-letter word?

The IPKat

Unauthorized changes to a text reside in the murkier confines of the copyright system, where, at most, moral rights may hold court. When there is no moral right varnishing on the text, can we speak of an "authentic" work of literature, which is exempt from any later alteration? Further editions followed.

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Canadian Perspectives on Artist Resale Rights

IPilogue

Outside of moral rights , which protect the original artist’s right to be associated with the work without modification or destruction, agreements of purchase and sale generally enable the purchaser to do whatever they see fit with the work. Further Reading: Michelle Mao’s IPilogue article on ARRs and NFT loopholes.

Art 105
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When Do I Need a Model Release Form? (Plus a free sample!)

Art Law Journal

For example, a candid photo taken by a street photographer for a personal portfolio would not need a model release, but if that same work were later used in a magazine ad, the photographer would need permission from the model to use the photo for a commercial purpose. .

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WIPIP: In Memoriam and Fair Use

43(B)log

Licensed for use in magazines and don’t care; still fair use. Goldsmith’s argument—even if creating them was fair use, licensing them for magazines wasn’t fair use. Rosen: Moral rights? [he he doesn’t believe in them] Khan: Berne requires them; the US says it complies with them largely through the economic rights.

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Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

This is another sculpture from the Banality series: Koons used a photograph for an advert created for the French prêt-à-porter (ready to wear) brand Naf-Naf in 1988, that had been published in various women’s magazines such as “Elle” and “Marie Claire”. The parody defence.