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Andy Warhol Foundation v. Goldsmith, More Fair Use Before SCOTUS
All eyes were on SCOTUS yesterday as the court heard arguments in the Warhol Prince case. I always look forward to copyright judgments from this court. This is another case on the application of the fair use doctrine or what I endearingly call, the “whatever-you-can-get-away-with doctrine”. Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith is a copyright dispute over a photograph of the musician Prince. The issue before the court is to decide whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as the Supreme Court, U.S. Court of Appeals for the 9th Circuit, and other courts of…
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Galaxy Report On NFT Rights; What About Web3 to Web2 User Generated Content
For some reason, many people still believe that buying an NFT gives them ownership over intellectual property in original works. The Galaxy Report may have found the culprit of this widespread misconception: intentional misrepresentation. As if you didn’t know that buying an mp3 doesn’t give you IP rights to the song encoded in it. You know it full well, because when you post the song on Twitch, someone will come and take it down, even though you bought the game that included the song. Right! Why would an NFT be any different? Because it is more expensive? Since when buying an expensive painting gives you the right to reproduce that…
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Miramax and Tarantino Lawsuit To Clarify NFT Rights
Since last year’s NFT craze, it is customary to mint unique NFT’s from original storylines and film characters as cross promotion of new and upcoming films. However, misconceptions around NFT rights (being seen as a new form of intellectual property which they aren’t), has given some individuals impetus to mint pre-existing IP rights that don’t belong to them or that have been assigned to movie studios. This is what Miramax contends Quentin Tarantino did when he launched a series of NFT’s from handwritten portions of his original screenplay, Pulp Fiction. On a first sight, it may seem that Miramax should already have all the rights in any NFT a filmmaker,…
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Metaverse Fashion Week 2022 and What on Earth Are NFT’s?
The Jonathan Simkhai Online Store features both virtual and regular designs. My last post on the metaverse turned into a 3000 word paper, but we only covered part of the foundation of the metaverse. I’ll take the opportunity in this post to discuss non fungible tokens (NFT). Take a deep breath. We saw that the metaverse is a spatial environment that mimics the real world by providing virtual social possibilities and simultaneously incorporating some gaming or simulation type of experiences for players to enjoy. Three dimensional shared realities, like virtual reality (VR) and augmented reality (AR) have historically been reserved to the gaming industry. Chasing Pokemons outdoors, dressing up avatars, playing e-sports…
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Meet Me In The Metaverse, Anatomy of WEB 3.0
Being is not what it seems – Nor non-being – The world’s existence is not in the world Rumi Illuminated What is the Metaverse? The metaverse is the next version of the future of computing. It is a story of how we imagine the world The metaverse is a story we are telling of what the future of technical infrastructures might look like where you combine reality and virtual reality, high speed internet, 5G, 6G and some kind of virtual space you might occupy with other people. Facebook has very little to do with the metaverse. The most prevalent myth about the metaverse is that it is about Facebook. However,…
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Protected: Queering: From Alt-Art to Mainstream
There is no excerpt because this is a protected post.
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Brainstorm On Modernizing Copyright Law for AI and the Internet of Things
This is a very interesting reform but it isn’t going anywhere. https://www.ic.gc.ca/eic/site/693.nsf/eng/00316.html AI can’t author anything. It may create random stuff like fractals or replicate things it sees or learns, like text, or social media comments generated by bot farms, but when it comes to independent AI “art” you just know that something is missing, like a robot playing classical composers on the piano, no matter how perfect, it is super boring, unless it is an exact replica of a human virtuoso’s performance. It is called reproducing a sound recording as a robot. I won’t even get into (the mild horror of) musical compositions by robots. The most incompetent human…
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Augmented Reality Art Exhibitions
Featured Image: Drawing Constellations by Will Pappenheimer, in collaboration with Zachary Brady. Drawing Constellations is an interactive drawing, installation, and app that uploads drawings to a constantly moving and evolving 3-dimensional “constellation” situated within and outside of the gallery. Upon creating a drawing on a tablet, the user’s drawing is then transferred into 3D augmented reality space, superimposed and sited at the gallery by GPS location. (developing feature) The pandemic has transformed our ways to consume and engage with art. New art exhibition models emerge as new forms of public art evolve outside of the usual museums and arts institutions. In recent years, works including a virtual reality component have…
