The IPKat

APRIL 4, 2024

The IPKat has received and is pleased to host the following guest contribution by Katfriend Desmond Oriakhogba (University of the Western Cape) on one of the important but largely overlooked aspect of South Africa’s Copyright Amendment Bill: provisions aimed at ensuring fair remuneration for South African creators and performers.

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Copyright Music Artistic Work Contracts 132

The TTABlog

OCTOBER 16, 2023

Advance Magazine Publishers Inc. The Board failed to see how applicant's services are related to Opposer’s magazines, information, and videos on a website limited to fitness, fashion, exercise, health, nutrition, or beauty. Text Copyright John L. Nitashia Johnson , Opposition No. Welch 2023.

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Art Social Media Registration Journalism 70

JD Supra Law

MAY 22, 2023

Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The Court held that because both Warhol’s art and the Petitioner’s photograph were used with magazine articles about Prince, the purpose and character of both works were the same.

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Fair Use Copyright Art 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

Indiana Intellectual Property Law

MARCH 4, 2024

Indianapolis, Indiana – Defendant Circle City Broadcasting, LLC d/b/a WISH-TV , is being sued by Plaintiff Christopher Sadowski over alleged copyright infringement. Sadowski is a photojournalist from New Jersey , who has been published in numerous popular newspapers and magazines.

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Copyright Infringement Copyright Licensing Publishing 52

IP Watchdog

JUNE 9, 2022

On June 6, Paramount Pictures got its tower buzzed for copyright infringement in the U.S. According to the allegations in the complaint, in 1983, author Ahud Yonay wrote a magazine story about the real-life exploits of two naval fighter pilots entitled, “Top Guns.” Fast forward a few decades.

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Copyright Copyright Infringement Litigation Law 119

SpicyIP

MARCH 28, 2022

News and Views: Copyright Hues and Authors’ Dues. For instance, the EU has adopted a neighbouring right for press publishers under copyright regulations. Publishers, as a category of right holders under copyright law, have always been very prompt in claiming their share of revenues from new revenue streams. Aparajita Lath.

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Copyright Publishing Music Contracts 105

Likelihood of Confusion

MARCH 2, 2024

My über-sharp friend Oliver Herzfeld, moving up in the world, has written an article in Forbes magazine on a recent Copyright Office policy statement that, as he puts it, “revises, and to a certain extent reverses, its prior position regarding the protection of compilations.” ” Oliver sums up the changes.

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Copyright Copyright Law Law 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 200

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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Copyright Art Fair Use Registration 145

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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Copying Copyright Copyright Notice Publishing 52

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 Fair Use Licensing 126

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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Copyright Journalism Licensing Copyright Infringement 98

The TTABlog

OCTOBER 13, 2022

Citing Professor McCarthy's view that that a threshold response in the range of 75% of the general consuming public is necessary to prove fame for purposes of dilution, while Opposer Advance Magazine's survey showed at most 45% aided awareness of the mark WIRED, the Board dismissed opposer's dilution-by-blurring claims. Text Copyright John L.

Technology 52

Technology Publishing Designs Design 52

JD Supra Law

MAY 23, 2023

On May 17th, 2023, the Supreme Court handed down a decision with potentially far-reaching consequences in the evolving landscape of copyright fair use, particularly for commercial works that reproduce copyrighted work. By: Neal, Gerber & Eisenberg LLP

Licensing 52

Licensing Copyright Fair Use 52

TorrentFreak

JUNE 5, 2022

This includes some that are labeled as pirate sites or otherwise find themselves accused of copyright infringement. District Court for the Central District of California, Rosen accuses the websites idposter.com, nposter.com and celebposter.com of hosting his copyrighted works. This hasn’t gone unnoticed.

Copyright Infringement 126

Copyright Infringement Copyright Copying Publishing 126

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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Copyright Art Art Law Licensing 98

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.

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Copyright Copyright Infringement Copyright Law Litigation 106

IP Law 360

OCTOBER 8, 2021

The New York Times Magazine's "Bad Art Friend" saga captured the imagination of the internet this week, detailing a juicy dispute in which a writer-turned-kidney donor accused a fellow author of cribbing details from her charitable journey for a fictionalized short story.

Art 104

Art Copyright 104

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.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. The Supreme Court ruled that the use and modification of photographs solely for commercial purposes does not qualify as fair use and therefore constitutes a violation of copyright law.

Art 52

Art Copyright Public Domain Copyright Law 52

Likelihood of Confusion

JUNE 11, 2023

My über-sharp friend Oliver Herzfeld, moving up in the world, has written an article in Forbes magazine on a recent Copyright Office policy statement that, as he puts. First published August 8, 2012. The post Best of 2012: The borders of Terpsichore appeared first on LIKELIHOOD OF CONFUSION™.

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Publishing Copyright Copyright Law Law 83

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.

Fair Use 40

Fair Use Copyright Licensing Copying 40

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. The Copyrights Act of 1957 regulates copyright law in India.

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Art Copyright Artistic Work Public Domain 52

Copyright Lately

JULY 8, 2023

But number 1 when it comes to number 2 is a new copyright infringement lawsuit filed this week over a jigsaw puzzle called “101 Pooping Puppies.” Unfortunately, this widely-taught legal principle isn’t actually very helpful in predicting how copyright cases will be decided in the real world. Columbia Pictures.

Copyright Infringement 88

Copyright Infringement Copyright Social Media Branding 88

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.

Fair Use 190

Fair Use Reporting Licensing Plagiarism 190

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 210

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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Fair Use Licensing Music Art 106

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 123

Velocity of Content

JANUARY 23, 2023

Managing Intellectual Property magazine named him as one of the fifty most influential people in intellectual property in 2019 and again in 2021. The post A Copyright Reboot for Robots appeared first on Copyright Clearance Center.

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Copyright Intellectual Property Intellectual Property Law Journalism 52

JD Supra Law

MARCH 18, 2022

As the market value of non-fungible tokens (“NFTs”) continues to soar, legal practitioners will soon face the contractual, copyright and trademark issues that accompany this new technology. Originally published in USLaw Magazine - March 2022. By: Jones, Skelton & Hochuli, P.L.C.

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Non-Fungible Tokens Litigation Publishing Marketing 114

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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Registration Artwork Licensing Copyright 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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Licensing Copyright Intellectual Property Reporting 105

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.

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Fair Use Derivative Work Artwork Copyright Infringement 97

Intellectual Property Office Blog

NOVEMBER 26, 2020

Copyright is scary. As an interior stylist who produces photoshoots for some of the country’s biggest magazines and commercial brands, getting the shots right is a must. Apart from the copyright law that means every piece of 'designer' furniture, craftsmanship and art must be checked for copyright. Really scary.

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Copyright Art Due Diligence Copyright Law 73

LexBlog IP

MAY 19, 2023

Vanity Fair commissioned Andy Warhol to create a silkscreen using Goldsmith’s image and used Warhol’s piece in the magazine with attribution as promised. Because AWF did not dispute that the remaining fair use factors favored Goldsmith, the Court affirmed the Second Circuit’s finding of copyright infringement.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 20, 2022

Principal Megan Chacon has been named to San Diego Metro Magazine’s 2022 Top Attorney List. According to San Diego Metro , the list honors “some of the best and brightest legal minds in the region.”. Megan is an experienced patent litigator who has served as a key principal in a number of high-stakes pharmaceutical and biotechnology cases.

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Litigation Patent 70