IP Tech Blog

JUNE 2, 2023

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

LexBlog IP

MAY 19, 2023

Vanity Fair commissioned Andy Warhol to create a silkscreen using Goldsmith’s image and used Warhol’s piece in the magazine with attribution as promised. However, Andy Warhol would go on to create 15 additional works using the Goldsmith photograph, now known as the artist’s “Prince Series.”

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

JUNE 2, 2023

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Copyright Lately

MAY 22, 2023

Instead, we’re taught that “[w]hether the use of a copyrighted work has a further purpose or different character” is a “matter of degree.” ” In other words, it’s a good time to be a copyright lawyer. Put another way, it ain’t what you do, it’s the way that you do it.

Fair Use 91

Fair Use Licensing Copying Artwork 91

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? Here are the most popular posts over the past few months.

Blogging 52

Blogging Law IP Fair Use 52

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. In 1984, Goldsmith gave Vanity Fair permission to use the photograph in a new commissioned purple silkscreen portrait by Warhol that appeared in the magazine’s November issue.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. In 1984, Goldsmith gave Vanity Fair permission to use the photograph in a new commissioned purple silkscreen portrait by Warhol that appeared in the magazine’s November issue.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

43(B)log

FEBRUARY 2, 2024

DJ sought declaratory judgment that Prince Series as such was transformative, grounded in the artwork itself; a static claim w/o regard to specific use or purpose. But real focus is on Conde Nast’s activities as publisher—the next quote is about how the purpose of the use was the same: “use in magazines to illustrate stories about Prince.”

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

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. 2] A week later, the U.S.

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Fair Use Art Licensing Copyright Infringement 52