Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. But as the Yonay case shows, producers should be aware that paying once could land you in the danger zone if you don’t pay again, whether warranted or not.

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Copyright Copyright Infringement Social Media Licensing 93

LexBlog IP

MAY 24, 2023

The Court countered that while relevant to whether a copying use has a sufficiently distinct purpose or character, it is not, without more, dispositive. Here, the specific use of Goldsmith’s photograph alleged to infringe her copyright is AWF’s licensing of Orange Prince to Condé Nast.

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. ” Unbeknownst to Ms.

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Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

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LexBlog IP

MAY 31, 2023

The decision was limited to AWF’s commercial licensing of a silkscreen image of Prince, based on Goldsmith’s underlying photograph, to Condé Nast. Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference.

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IPilogue

SEPTEMBER 29, 2021

The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith. Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. This is not the first time Andy Warhol was sued for IP infringement.

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Copyright Infringement Copyright Art Fair Use 105

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. ” See 143 S. ’” Id. at 1278–79.

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Dear Rich IP Blog

JUNE 22, 2022

Dear Rich: Playboy Rights & Permissions recently denied us permission to use a Playboy cartoon in a print only, low number of copies, scholarly publication. The statement, "not available for third party licensing," may mean Playboy doesn't have the right to license the cartoon. What can I infer from that statement?

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Ownership Licensing Copying Publishing 52

Garrigues Blog

JUNE 29, 2022

An image rights licensing agreement may be terminated at any time at the free will of either party. Any student of film or audiovisual law knows how important it is for actors (and anyone who appears in a production) to sign an image rights licensing agreement before shooting a movie, short film, video clip, etc.

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Licensing Law Intellectual Property Publishing 52

SpicyIP

OCTOBER 28, 2022

While pleadings are not uploaded online by the Delhi High Court, Entrackr has obtained copies of the pleadings and has discussed some of the key facts and arguments here. Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books.

Copyright 126

Copyright Copyright Infringement Fair Use Licensing 126

The IP Law Blog

MAY 25, 2023

However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use. Justice Sonia Sotomayor, writing for the majority, noted that both the original photograph and Warhol’s “Orange Prince” were portraits of Prince used in magazines to illustrate stories about him.

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Fair Use Derivative Work Artwork Copyright Law 98

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. We limit our analysis accordingly.

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Fair Use Licensing Music Art 40

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.

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Fair Use Art Licensing Copyright Infringement 52

Velocity of Content

JUNE 15, 2023

“If an original work and a secondary use share the same or highly similar purposes, and the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.” In fact, Warhol himself paid to license photographs for some of his artistic renditions.

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Fair Use Licensing Artistic Work Copyright 52

Technology & Marketing Law Blog

AUGUST 31, 2021

That is unlike the magazine in Monge [v. Maya Magazines] , in which the purpose of the entire piece was to display the wedding photos. Factor three : The entirety of the work was copied. Related posts : Blogger Loses Copyright Ruling Over Photo…But No Mention of the CC-BY-SA License!–Von Philpot is a serial litigant.

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Fair Use Journalism Licensing Marketing 129

43(B)log

FEBRUARY 4, 2023

Does the status of that work or copy limited subsequent uses of it or transactions about it? Fair use justified by project: multiple copies for classroom use, time shifting vidos, visual search thumbnails, full text search engine, intermediate copying for reverse engineering. But how does this map on interim copying?

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LexBlog IP

MAY 19, 2023

The Supreme Court narrowed its attention to the only issue before it, the use of the image in a magazine instead of Goldsmith’s photo, as opposed to as a series of paintings/lithographs. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Fair Use Derivative Work Copyright Law Art 52

TorrentFreak

APRIL 27, 2024

The downside was that pirates would create bootleg copies. “So, I was tasked to collect evidence against video rental shops that carried illegal copies of it. This wasn’t unexpected, but it posed a major problem. “When ‘E.T. These threats have faded in recent years. Kuik recognizes this, at least in part.

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Copyright Infringement Copying Content Creation Marketing 99

IPilogue

DECEMBER 13, 2022

In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek. Lisa Blatt, representing Goldsmith, proposed that one may just as easily argue that the “purpose” of both uses was the commercial licensing of the works for publication.

Art 79

Art Fair Use Intellectual Property Licensing 79

LexBlog IP

MAY 19, 2023

In 1984, Goldsmith licensed the copyrighted photograph for $400—for publication “one time”—to Vanity Fair, who hired Andy Warhol to make a purple silk screen image based on the photograph, which Vanity Fair published in an article about Prince. of a commercial nature. .”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

LexBlog IP

MAY 25, 2023

However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use. Justice Sotomayor, in response to the dissent, accused it of creating a false equivalence between the Warhol Foundation’s commercial licensing and Warhol’s original creation.

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Fair Use Derivative Work Artwork Copyright Law 52

LexBlog IP

FEBRUARY 11, 2024

You see, when I was growing up, computers took up entire rooms and content was published on paper – books, newspapers, magazines, and yes, sometimes even broadcast on television or radio. Copying was tedious. Copying took effort. It was always perfectly clear to me what someone else authored and owned.

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Copyright Due Diligence Content Creation Copyright Law 52

Technology & Marketing Law Blog

MAY 30, 2022

A few other examples demonstrate, if not deception, at least skepticism or uncertainty: “Hope y’all got a licensing rights from Nickolodeon/Viacom cuz if not… they’ll shut your ass down”; “How the heck did she get the licensing for this? The court then moves on to consider Viacom’s copyright infringement claim.

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Blogging Social Media Television Fair Use 90

IPilogue

JANUARY 11, 2023

The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. million readers every issue in print and digital.

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Journalism Privacy Contracts IP 80

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Licensing Ip International S.AR.L The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

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Trademark Patent Copyright Designs 105

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]

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Fair Use Licensing Cease and Desist Derivative Work 130

Biswajit Sarkar Copyright Blog

JULY 19, 2022

A person brings in counterfeit copies of a work Without getting permission from the copyright holder, someone reproduces his work in any way. With today’s technology, it is very simple to copy and share the original works of other people. Look for those that have Creative Commons licensing so they can be used commercially.

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Copyright Infringement Copyright Public Domain Copying 52

LexBlog IP

NOVEMBER 17, 2021

The computer file—containing the program or content—must be copied from where it’s stored into the computer’s memory. You aren’t so much cutting pieces off the hot dog but making copies of each piece you’re cutting and transferring. The Child’s Hot Dog Theory of Software. Weird, right?

Copying 52

Copying Copyright Business Licensing 52

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” In 1981, Goldsmith, who was then a portrait photographer for Newsweek , took a series of photographs of the then-up-and-coming musician Prince. He did just that.

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Fair Use Derivative Work Art Licensing 97

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated art was used for magazine covers, including Cosmopolitan and The Economist. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI. Some stock imagery libraries, including Adobe and Dreamstime , started to accept AI-generated images.

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Copyright Art Fair Use Registration 145

The IPKat

FEBRUARY 8, 2023

In an interview with GQ magazine , Raf Simons said: "I'm inspired by people who bring something that I think has not been seen, that is original. This phenomenon ranges from slight iteration to homage or even slavish copying. It's not always about being new-new because who is new-new?".

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Designs Design Law Copyright 62

The IPKat

NOVEMBER 20, 2023

Newspaper and magazine articles did not indicate whether they were addressed to Formula 1 fans only or to the general public. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views.

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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]

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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]

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Fair Use Licensing Cease and Desist Derivative Work 52

43(B)log

AUGUST 17, 2021

First, Buncher “used copies of the images annexed to the Complaint with. [P]laintiffs’ While the other plaintiffs had “participated in promotional campaigns for a wide variety of brands and appeared in magazines, TV shows, and movies, their resumes [were] devoid of evidence that they actually garnered recognition for any of their appearances.”

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Social Media False Advertising Advertising Advertising 59

Patently-O

OCTOBER 11, 2022

Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. As part of that process, the magazine obtained a license from Goldsmith, but only for the limited use as an “artists reference” for an image to be published in Vanity Fair magazine. Prince did not personally model for Warhol.

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Fair Use Copyright Derivative Work Art 134

Plagiarism Today

MARCH 28, 2022

She licensed the photo to Vanity Fair magazine for use as an artist reference. However, Warhol went beyond the single licensed work and created 15 additional works known as the Prince Series , which became public after the musician’s death in 2016. Warhol, in turn, was that artist.

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