2021, Copying, Derivative Work and Licensing - Intellectual Property Pulse

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use

Fair Use Derivative Work Blogging Licensing

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use

Fair Use Licensing Cease and Desist Derivative Work

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

Kluwer Copyright Blog

JUNE 19, 2023

Specifically, a group called Spice DAO purchased an NFT displaying a copy of filmmaker Alejandro Jodorowsky’s ‘Dune’ for $3 million, assuming it would grant them the ability to produce derivative works, such as an animated Dune series.

Non-Fungible Tokens

Non-Fungible Tokens IP Ownership Contracts

How to Avoid Pitfalls on the Way to Decentralized Disney

Copyright Lately

MAY 6, 2022

The first thing that’s important to understand is that buying a copy of a creative work, even if it happens to the only copy in existence, doesn’t give you any copyright interest in the work. So, if you buy a copy of “Dune,” you can read it. Want to Create New Derivative Works?

Derivative Work

Derivative Work Licensing Artwork Contracts

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

Kluwer Copyright Blog

JANUARY 18, 2023

Part I of this post discussed the changes to copyright contract law and the new text and data mining exemption provisions that formed part of the 2021 copyright law reform. Part 2 explores further exemptions for users of works, new aspects of the right of communication to the public and the press publishers’ right. b) Teaching.

Copyright

What Mr. Beast’s Squid Game Video Says About Originality

Plagiarism Today

DECEMBER 1, 2021

” This drew the attention of Ian Boudreau, the senior writer at PCGamesN, who responded with this: In other news, plagiarism is way faster than original writing, and much easier — Ian Boudreau (@iboudreau) November 29, 2021. pic.twitter.com/Fn6i9sqPpe — Ian Boudreau (@iboudreau) November 30, 2021. Why Bother?

Plagiarism

Plagiarism Derivative Work Copying Licensing

Does Transformative Matter? No, At Least Where Use Is Commercial

LexBlog IP

JUNE 5, 2023

” The license provided that the use would be for “one time” only. Vanity Fair commissioned Warhol to create the illustration, and Warhol used Goldsmith’s licensed photo to create a purple silkscreen portrait of Prince, which appeared with an article about Prince in Vanity Fair ’s November 1984 issue.

Fair Use

Fair Use Derivative Work Art Licensing

[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

The IPKat

JUNE 27, 2022

Moreover, between May and July 2021, Yuga Labs filed trade mark applications before the United States Patent and Trademark Office (still pending at the time of writing) for several marks, including BORED APED YACHT CLUB and BAYC. Yuga Labs, therefore, still owns the copyright in each NFT. Ether (USD 1+ million).

Non-Fungible Tokens

Non-Fungible Tokens Contracts Copying Art

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] On March 26, 2021, the Second Circuit issued an opinion reversing the district court’s decision. He did just that.

Fair Use

Fair Use Derivative Work Art Licensing

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Copyright Lately

AUGUST 2, 2022

Produced by Shonda Rhimes’ Shondaland and based on the novels by Julia Quinn, Bridgerton was seen by a then-record 82 million households when the first season premiered on Netflix in early 2021. Fast forward to September 2021 when “The Unofficial Bridgerton Musical” became the top album on iTunes’ U.S.

Music

Music Derivative Work Fair Use Cease and Desist

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 1, 2023

By Guest Blogger Tyler Ochoa Recently, the Ninth Circuit reaffirmed what has become known as the “server test”: in order to be held directly liable for violating the public display right, the alleged infringer must have a fixed “copy” of the work stored on a server in its possession or control. July 17, 2023).

Blogging

Blogging Copying Social Media Copyright

Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v.

Fair Use

Fair Use Art Licensing Copyright Infringement

Court Allows Three of Plaintiffs’ Claims to Survive Motion to Dismiss in Lawsuit That Could Significantly Impact the World of Generative AI

LexBlog IP

JUNE 7, 2023

In collaboration with OpenAI, GitHub released an artificial intelligence-based offering in 2021 called Copilot, which is powered by OpenAI’s generative AI model, Codex. GitHub, acquired by Microsoft in 2018, is an online repository used by software developers for storing and sharing software projects.

Licensing

Licensing Copyright Notice Copyright Privacy

What Goldsmith Means to AI Trainers

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. Andy Warhol Foundation for Visual Arts, Inc. Goldsmith , 11 F.4th

Fair Use

Fair Use Licensing Music Art

The FTC’s Misguided Comments on Copyright Office Generative AI Questions

Patently-O

DECEMBER 11, 2023

so-called “non-expressive” use in which copying is undertaken not to distribute the copied material directly or indirectly but rather for some other purpose. The FTC Comments do not explicitly refer to or analyze the substantial body of court decisions holding that a range of non-expressive uses of copyrighted works are fair uses.

Copyright

Copyright Fair Use Copyright Law Copyright Infringement

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the recordings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery. .

Copyright

Copyright Blogging Publishing Fair Use

Nintendo’s Actions Demonstrate Our Intellectual Property Laws are Broken

JIPEL Copyright Blog

MARCH 21, 2022

This means that TOs have been tasked with getting enough GameCubes, Wiis, copies of the game, and clunky CRT TVs to play on. It is an open legal question whether this would constitute an infringing derivative work. Players, for most of the game’s competitive existence, have played in person. tournament circuit beginning in 2022.

Intellectual Property Law

Intellectual Property Law Intellectual Property Cease and Desist Law

13 Spooky Copyright Cases, Just in Time for Halloween

Copyright Lately

OCTOBER 25, 2021

The good news is after the holiday was effectively ruined last year, we’re more or less back in business in 2021. As the story goes, they provided him with a copy of a few scenes from “Ghostbusters” in which the theme would appear. You can judge for yourself by downloading a copy of “Jap Herron” here.

Copyright

Copyright Cinema Copying Copyright Infringement

What Goldsmith Means to AI Trainers

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” Andy Warhol Foundation for Visual Arts, Inc. ” Id.

Fair Use

Fair Use Licensing Music Art

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

APRIL 9, 2021

[x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xviii] In one instance, Getty Images pursued a German blog—Geek Sisters—for almost $900 in licensing fees for their use of the awkward penguin meme. vii] Deidrè A.

Copyright Infringement

Copyright Infringement Copyright Intellectual Property Blogging

What Goldsmith Means to AI Trainers

IP Intelligence

JUNE 6, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. Andy Warhol Foundation for Visual Arts, Inc. Goldsmith , 11 F.4th

Fair Use

Fair Use Licensing Music Art

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more.

Licensing

Licensing Copyright Contracts Advertising

Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). The proposal for this new regulation was presented in April 2021.

Copyright

Copyright Fair Use Copyright Law Law

Intellectual Property Pulse

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Trending Sources

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

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

How to Avoid Pitfalls on the Way to Decentralized Disney

The EU DSM Copyright Directive: Implementation in Germany 2021 – Part II

What Mr. Beast’s Squid Game Video Says About Originality

Does Transformative Matter? No, At Least Where Use Is Commercial

[Guest post] BAYC sues Ryder Ripps over unauthorized minting of NFTs

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

Why Netflix’s “Bridgerton” Lawsuit is Good for Fan Fiction

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Fair Use: Graham v. Prince and Warhol v. Goldsmith

Court Allows Three of Plaintiffs’ Claims to Survive Motion to Dismiss in Lawsuit That Could Significantly Impact the World of Generative AI

What Goldsmith Means to AI Trainers

The FTC’s Misguided Comments on Copyright Office Generative AI Questions

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Nintendo’s Actions Demonstrate Our Intellectual Property Laws are Broken

13 Spooky Copyright Cases, Just in Time for Halloween

What Goldsmith Means to AI Trainers

IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

What Goldsmith Means to AI Trainers

If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Generative AI, Copyright and the AI Act

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