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.” 9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. He did just that.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

Fair Use 91

Fair Use Licensing Copying Artwork 91

Plagiarism Today

SEPTEMBER 28, 2021

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. In March 2011, the district court in the case found in favor of Cariou, finding that Prince’s works were infringing. 3: The Andy Warhol Ruling.

Fair Use 233

Fair Use Non-Fungible Tokens Copyright Social Media 233

JIPL Online

APRIL 9, 2021

[x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xviii] In one instance, Getty Images pursued a German blog—Geek Sisters—for almost $900 in licensing fees for their use of the awkward penguin meme. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Patently-O

OCTOBER 11, 2022

Rather, Warhol worked from a set of studio photographs by famed celebrity photographer Lynn Goldsmith. As part of that process, the magazine obtained a license from Goldsmith, but only for the limited use as an “artists reference” for an image to be published in Vanity Fair magazine. Warhol was never personally a party to the license).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. The first one to go was the de minimis defense, which the court rejected before trial.

Fair Use 78

Fair Use Designs Design Licensing 78

Copyright Lately

OCTOBER 25, 2021

.” In 2004, video game publisher Capcom contacted MKR, the film’s producer, to inquire about about obtaining a license to use elements from the film in one of its games. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner. ROMERO’S DAWN OF THE DEAD.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144