IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” This is not the first time Andy Warhol was sued for IP infringement.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Velocity of Content

JANUARY 9, 2024

One area that often gets overlooked in the outsourcing and collaboration process is how to manage copyright compliance and the associated risks of non-compliance. While smaller companies without a librarian or information specialist onboard may be unaware of their obligations under copyright law, their lack of knowledge won’t help them. 

Copyright 98

Copyright Journalism Licensing Copyright Infringement 98

Olartemoure Blog

JANUARY 18, 2023

The photographer became aware of the use of her photograph in 2016 when Prince died, and the Andy Warhol Foundation licensed the use of Warhol’s “Prince Series” to use in a magazine commemorating his life. There was no image copyright credit or compensation to Lynn Goldsmith.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

Nelligan Law

MARCH 25, 2024

So, when Prince’s untimely exit prompted a resurrection of the original article alongside a commemorative Conde Nast magazine featuring the full Prince Series, Goldsmith saw red—and not just any red, but a vibrant, copyright-infringement red. Last summer, in the case of ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC.

Copyright Infringement 82

Copyright Infringement Fair Use Art Settlement 82

Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

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 Licensing Fair Use 126

The IP Law Blog

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”? In the 1981 case of Falwell v.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Fair Use Registration 145

IPilogue

JULY 14, 2022

Ehud Yonay authored the 1983 California magazine article that inspired Top Gun. Shosh and Yuval claim that Paramount has infringed on the copyright to Ehud’s article which they own as of January 24 th , 2020. 203 of the Copyright Act , authors have the right to terminate grants of copyright after thirty-five years.

Copyright 106

Copyright Copyright Infringement Copyright Law Litigation 106

Copyright Lately

MAY 21, 2021

Rachel Dolezal, the woman accused of misrepresenting her racial background, has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright? Dolezal claims that the CBS-owned website ETonline.com infringed the photo by reproducing it without permission in a June 2015 article about the controversy.

Copyright 98

Copyright Copyright Infringement Fair Use Copyright Law 98

IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Copyrighting Art. Picture Credit: gettyimage].

Art 52

Art Copyright Artistic Work Public Domain 52

LexBlog IP

MAY 24, 2023

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. The post No Fair Use for Warhol Prince Photo appeared first on Syed Law®

Fair Use 52

Fair Use Artwork Intellectual Property 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. It’s a topic that feels right out of a thrilling legal drama: should AI models be fed with copyrighted content? Copying was tedious.

Copyright 52

Copyright Due Diligence Content Creation Copyright Law 52

Copyright Lately

MARCH 6, 2023

The copyright owner in Runt is seeking to enjoin director William Coakley from releasing a behind-the-scenes project about alleged on-set bullying and sexual harassment that it claims he fabricated. The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment.

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S. 1258, (2023).

Fair Use 105

Fair Use Licensing Music Art 105

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 in the U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Kluwer Copyright Blog

AUGUST 13, 2021

was entitled to a declaration that Warhol’s “Prince Series” did not infringe Goldsmith’s photo. The Warhol prints—one of which was reproduced in a Vanity Fair magazine article in 2016—were not entitled to a fair use defense, and they were substantially similar to Goldsmith’s photo, as a matter of law. 19-2420-cv.

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

was entitled to a declaration that Warhol’s “Prince Series” did not infringe Goldsmith’s photo. The Warhol prints—one of which was reproduced in a Vanity Fair magazine article in 2016—were not entitled to a fair use defense, and they were substantially similar to Goldsmith’s photo, as a matter of law. 19-2420-cv.

Art 52

Art Fair Use Copyright Copyright Infringement 52

LexBlog IP

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”? In the 1981 case of Falwell v.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52

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

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. She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit.

Fair Use 98

Fair Use Licensing Derivative Work Art 98

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

Copyright 120

Copyright Blogging Publishing Fair Use 120

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 98

Copyright Infringement Copying Content Creation Marketing 98

LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Both are portraits of Prince used in magazines to illustrate stories about Prince. ” (S. Goldsmith , 598 S. 1258, (2023).

Fair Use 52

Fair Use Licensing Music Art 52

LexBlog IP

MAY 22, 2023

Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. Goldsmith countersued, claiming copyright infringement of her photograph. ” The artist was none other than Andy Warhol. § 107 ). § 107 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S. 1258, (2023).

Fair Use 40

Fair Use Licensing Music Art 40

The IPKat

MARCH 6, 2022

In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. The concepts and role of the informed user and the degree of freedom of choice were recently clarified in Turkish design law, and Marques has reported on the case.

Blogging 85

Blogging Non-Fungible Tokens IP Intellectual Property 85

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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

IPilogue

DECEMBER 13, 2022

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. 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.

Art 79

Art Fair Use Intellectual Property Licensing 79

Barry Sookman

APRIL 26, 2020

Computer and Internet Weekly Updates for 2020-04-18 [link] 2020-04-19 Racing Head-On Into Artists’ Nightmares: An Examination of danah boyd’s ‘Facing the Great Reckoning… by… [link] 2020-04-19 Announcement: Commissioner publishes framework to assess privacy-impactful initiatives in response to COVID-19 – Of… [link] 2020-04-20 Message from the (..)

Privacy 52

Privacy Social Media Copyright Infringement Copyright 52

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] Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue. Controversy” [8] : The Litigation.

Fair Use 97

Fair Use Derivative Work Art Licensing 97