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).

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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JIPL Online

MARCH 15, 2021

The Conan Doyle estate, heirs to the author of the works about the famed detective Sherlock Holmes, alleged that Netflix infringed on the character Sherlock Holmes in its portrayal of Sherlock Holmes in the 2020 movie “Enola Holmes.” [2] 18] Netflix admitted it had access to and copied the memoir. [19] TRIAL CASES. ANALYSIS/PREDICTION.

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Copyright Infringement Copyright Public Domain Derivative Work 98

Kluwer Copyright Blog

AUGUST 7, 2023

Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] 2] At one end of the spectrum, we find plagiarism: a completely derivative work that fails to contribute any creative elements to the original piece.

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Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. That $3,750 works out to a measly $71 for each month the case has been pending.

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IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. 1258, (2023).

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Copyright Lately

MARCH 6, 2023

There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. Wagging Tails contends that these materials are “unauthorized and infringing derivative works” based on its motion picture. Virtuoso). .”

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Copyright Derivative Work Fair Use Social Media 79