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.

Copyright 93

Copyright Copyright Infringement Social Media Licensing 93

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. scholarship, or research” [2] and is evaluated through multiple factors. factor weighs in favor of fair use.

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Licensing Fair Use Copyright Derivative Work 52

Olartemoure Blog

JANUARY 18, 2023

In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince. There was no image copyright credit or compensation to Lynn Goldsmith. The photographer threatened to sue the Foundation alleging copyright infringement.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

JD Supra Law

JUNE 8, 2023

Goldsmith redefines the contours of the fair use defense to copyright infringement. The Court ruled in favor of respondent Lynn Goldsmith, holding that the licensing to a magazine of an Andy Warhol print depicting the recording artist Prince did not constitute fair use of Goldsmith’s photograph on which the print was based.

Fair Use 52

Fair Use Art Copyright Infringement Licensing 52

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. We limit our analysis accordingly.

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Fair Use Licensing Music Art 105

Plagiarism Today

JUNE 7, 2022

1: Paramount Pictures faces copyright lawsuit over ‘Top Gun: Maverick’ First off today, Joe Hernandez at NPR reports that Paramount Pictures is facing a lawsuit over their new movie Top Gun: Maverick. King was convicted of being the leader of a variety of companies that traded in copyright infringing products.

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Registration Artwork Licensing Copyright 177

Velocity of Content

JANUARY 9, 2024

According to recent Outsell data for Life Science organizations, 59% of knowledge workers in this industry don’t strongly agree that they think about copyright issues before forwarding information and 62% don’t strongly agree that copyright infringement has serious risks and implications.

Copyright 98

Copyright Journalism Licensing Copyright Infringement 98

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

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LexBlog IP

MAY 24, 2023

Here, the specific use of Goldsmith’s photograph alleged to infringe her copyright is AWF’s licensing of Orange Prince to Condé Nast. Years later, Goldsmith granted a limited license to Vanity Fair for use of one of her Prince photos as an “artist reference for an illustration.”

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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. ” Id.

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SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. Image from here. The matter is still being heard.

Copyright 126

Copyright Copyright Infringement Fair Use Licensing 126

Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed.

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Fair Use Derivative Work Licensing Art 98

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.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

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.

Fair Use 40

Fair Use Licensing Music Art 40

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

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Fair Use Art Derivative Work Copyright Infringement 52

The IPKat

SEPTEMBER 24, 2021

The Federal High Court dismissed the suit holding that the Respondent/Defendant’s use of the Appellant/Plaintiff’s image was not a violation of her right under the Copyright Act or the tort of passing off. Section 51 of the Copyright Act provides that: “author in the case of a photographic work, means the person who took the photograph.”

Ownership 91

Ownership Artistic Work Contracts Copyright 91

TorrentFreak

FEBRUARY 9, 2022

Eight years later, Japan’s parliament passed new copyright amendments that banned the unlicensed downloading of manga, magazines and academic texts from the Internet, in line with the previously outlawed media categories. Operating such a site without appropriate licensing is now an arrestable offense.

Reporting 132

Reporting Copyright Copyright Infringement Music 132

Kluwer Copyright Blog

MAY 9, 2022

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. Vanity Fair decided to publish an article about the rock singer Prince in a 1984 magazine. Goldsmith counterclaimed for copyright infringement.

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Fair Use Derivative Work Art Licensing 128

TorrentFreak

NOVEMBER 26, 2021

We didn’t just grab this image from the web, however, and properly licensed it through Shutterstock years ago. With a proper license, Photocredit.org’s copyright claim falls flat. Below is a screenshot from POLICE Magazine , which credits Career Employer and links to the website. Link to Career Employer?

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Copyright Licensing Copyright Infringement 124

IAM Magazine

JANUARY 12, 2022

Taiwan’s top court has clarified the scope of compulsory licensing in an attempt to safeguard consumers from becoming involved in copyright infringement disputes further down the line.

Copyright 98

Copyright Copyright Infringement Licensing Reporting 98

TorrentFreak

APRIL 27, 2024

In a recent interview with a Dutch film magazine , Kuik mentioned that BREIN received hydrochloric acid in the mail at some point, adding that police complaints were filed on various occasions. “The best [achievement] is the CJEU ruling that The Pirate Bay is a copyright-infringing service.

Copyright Infringement 99

Copyright Infringement Copying Content Creation Marketing 99

Copyright Lately

AUGUST 14, 2023

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). Recall that the Supreme Court majority limited its own fair use analysis to the licensing of Andy Warhol’s Orange Prince to Condé Nast in 2016.

Fair Use 85

Fair Use Social Media Licensing Marketing 85

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. was entitled to a declaration that Warhol’s “Prince Series” did not infringe Goldsmith’s photo. 19-2420-cv.

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. was entitled to a declaration that Warhol’s “Prince Series” did not infringe Goldsmith’s photo. 19-2420-cv.

Art 52

Art Fair Use Copyright Copyright Infringement 52

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. is (in copyright lingo) not ‘transformative.’”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

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 Publishing is, of course, one of the core copyright industries – if not the core industry historically associated with copyright. million readers every issue in print and digital.

Journalism 80

Journalism Privacy Contracts IP 80

IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D.

Fair Use 62

Fair Use Cease and Desist Social Media Art 62

IAM Magazine

JANUARY 12, 2022

Taiwan’s top court has clarified the scope of compulsory licensing in an attempt to safeguard consumers from becoming involved in copyright infringement disputes further down the line.

Copyright 40

Copyright Copyright Infringement Licensing Reporting 40

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

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. Collaboration is the name of the game—where AI developers and copyright owners come together for the greater good. Copying was tedious.

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 90

Blogging Social Media Television Fair Use 90

Intellectual Property Law Blog

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” [4] Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

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 20 Lakh to Louis Vuitton in a Trademark infringement suit against Club Factory. Comedian Vir Das, Netflix booked for copyright infringement.

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Trademark Patent Copyright Designs 105

LexBlog IP

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v.

Fair Use 52

Fair Use Cease and Desist Social Media Art 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.” Goldsmith counterclaimed for copyright infringement. Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph.

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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