Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

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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.

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Copyright Artwork Copyright Infringement Fair Use 98

Plagiarism Today

OCTOBER 13, 2022

Supreme Court Tackles Andy Warhol Copyright Dispute. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine. In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine.

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Cease and Desist Copyright Infringement Licensing Fair Use 188

Velocity of Content

OCTOBER 21, 2021

Several copyright and licensing stories of interest have captured our attention during recent months. Access Copyright. South Africa’s president sent the controversial copyright legislation back to Parliament for re-consideration more than a year ago.

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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. 

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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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Plagiarism Today

MARCH 28, 2022

1: Supreme Court to Hear Copyright Dispute Over Andy Warhol’s Images of Musician Prince. She licensed the photo to Vanity Fair magazine for use as an artist reference. Million Copyright Lawsuit Over Red Rat’s Song. 3: Renowned Saint Luke’s Cardiologist Sues Epic Systems Over Copyright.

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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.

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Copyright Copyright Infringement Licensing Fair Use 126

LexBlog IP

MAY 18, 2023

Supreme Court in the copyright infringement case, Andy Warhol Foundation for the Visual Arts, Inc. Rather, the opinion takes great pains to confine its opinion the AWF’s commercial conduct, i.e., the license fee it charged for the use of the image on a magazine cover. The question presented to the U.S. Read more

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Plagiarism Today

OCTOBER 11, 2022

In 1981, Goldsmith licensed a photo that she took of the musician Prince to Vanity Fair magazine, with the intent that the magazine would have Warhol create a painting based on it. 3: Roanoke’s “Slumlord Millionaire” Files Copyright Infringement Lawsuit. Though a U.S.

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Dear Rich IP Blog

SEPTEMBER 19, 2021

Postcard: Malo-les-Bains - Avenue Kleber, sent 30 April 1915 Dear Rich: We are a specialized online magazine for postcard collectors. From 1983 to 1989 a print magazine, Postcard Collector, published many articles which we would like to republish. Each issue of the print magazine had a copyright notice ("© Krause Publications, Inc.")

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Velocity of Content

DECEMBER 5, 2023

He is a Chef in the Scholarly Kitchen and has written and lectured extensively on the subjects of copyright, licensing, open access, artificial intelligence, metadata, text/data mining, new media, artists’ rights, and art law.

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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.

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Plagiarism Today

JANUARY 26, 2022

1: Music Archive Wolfgang’s Vault Resolves Copyright Fight Over Concert Recordings. 2: Google Drive Flags Text Files Containing ‘1’ as a Copyright Infringement. txt” was in violation of their copyright infringement policy, to which she responded that it was a file with only one character, the number “1.”

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Copyright Infringement Plagiarism Reporting Settlement 198

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).

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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. Copyright termination allows original creators or their heirs to reclaim rights to works they may have signed away years before.

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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. As portraits of Prince used to depict Prince in magazine stories about Prince, the original photograph and AWF’s copying use of it share substantially the same commercial purpose.

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Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine.

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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.” The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith.

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Copyright Infringement Copyright Art Fair Use 105

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”? The basis of this finding is the Copyright Act’s lack of protection for ideas.

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Copyright Copyright Infringement Publishing Derivative Work 98

Plagiarism Today

MAY 4, 2022

First off today, Michael Kan at PC Magazine reports that India is enacting a new policy that, if enforced, would require virtual private network (VPN) providers to collect, store and turn over user data. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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TorrentFreak

NOVEMBER 26, 2021

At TorrentFreak, we write about copyright issues on a daily basis. The outfit accused us of using a photo in one of our articles without permission from the copyright holder. At TorrentFreak, we take copyright issues very seriously, but his email triggered a few alarm bells. Attribution Required. Robert Bradley.

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Copyright Licensing Copyright Infringement 122

Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” by Dennis Crouch. Andy Warhol Foundation v.

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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.

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Copyright Infringement Fair Use Art Settlement 82

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.

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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.

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Fair Use Licensing Cease and Desist Derivative Work 52

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.

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LexBlog IP

MAY 18, 2023

Vanity Fair magazine had hired Warhol to make the illustration; it was to accompany an article about Prince in the magazine’s November 1984 issue. Goldsmith had issued a limited license for this purpose. The license stated her photograph could be used for reference, “one time only.”

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Fair Use Derivative Work Licensing Copyright 52

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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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.

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Fair Use Art Copyright Infringement Licensing 52

Velocity of Content

JANUARY 23, 2023

He is a licensed physician and patent attorney in the United States, and a solicitor advocate in England and Wales. Managing Intellectual Property magazine named him as one of the fifty most influential people in intellectual property in 2019 and again in 2021.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Read the full article on I ntellectual Property Magazine. Strategic considerations include what to patent (components, cell assembly or manufacturing processes, etc), where to patent, what patents to abandon or sell, and licensing strategies. Fish principals Hyun Jin (HJ) In, Ph.D. PDF copy available.

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Kluwer Copyright Blog

JUNE 5, 2023

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. However, such uses must be licensed or be held unfair.

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Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

MIP ) magazine recently recognized Fish & Richardson Associate? Cheng is based in Fish’s New York office, where she focuses her practice on trademark, trade dress, unfair competition, and copyright litigation. Managing Intellectual Property ?( Vivian Cheng ?as as one of its 2022 “Rising Stars.” According to?

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Copyright Lately

MAY 21, 2021

Is she weaponizing copyright? Earlier this week, she filed a lawsuit for copyright infringement against CBS Interactive over a photograph CBS used in a 2015 Entertainment Tonight Online article about her scandal. This isn’t the first copyright infringement claim Dolezal has brought against the media. CBS Interactive.

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Copyright Copyright Infringement Fair Use Copyright Law 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).

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Fair Use Licensing Music Art 52

SpicyIP

JUNE 14, 2023

Harper Collins ], the Delhi High Court dealt with the vexed issue of copyright ownership in a component of a cinematographic film, namely a screenplay. The plaintiff’s argument was that the novelization of the screenplay by the defendant infringed its copyright, u/s 51. 2(o)] in the Copyright Act, 1957 [the Act] is not exhaustive.

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