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. Condé Nast paid $400 for the license, which specified “No other usage right granted.”

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

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. Public domain resources as a starting point. Do not copy anything.

Copyright Infringement 52

Copyright Infringement Copyright Public Domain Copying 52

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 120

Copyright Blogging Publishing Fair Use 120

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.

Trademark 105

Trademark Patent Copyright Designs 105

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.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? What you’re seeing is cross-licensing/branding. But somehow there’s a big change between Sears/Compco and Taco Cabana. Do plaintiffs waive jury trials? [PI/SJ PI/SJ is probably most important.]

Trademark 45

Trademark Law Branding Brands 45