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How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Kluwer Copyright Blog

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. Yet this would not mean that these works were thereafter unencumbered by Goldsmith’s copyright.

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The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine. This brief post dives into this duality, as exampled by American and Brazilian law.

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Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

Intellectual Property Law Blog

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince.

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Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

IP Tech Blog

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act. Goldsmith, Andy Warhol not only used Ms.

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No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright

LexBlog IP

However, Andy Warhol would go on to create 15 additional works using the Goldsmith photograph, now known as the artist’s “Prince Series.” This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights.

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Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

LexBlog IP

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act. Goldsmith, Andy Warhol not only used Ms.

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WIPIP session 2: ™ Doctrine, © Fair Use

43(B)log

DJ sought declaratory judgment that Prince Series as such was transformative, grounded in the artwork itself; a static claim w/o regard to specific use or purpose. It is nonsensical to analyze fair use as a defense to something that is not copyright infringement to begin with. Stallone, owns no copyright in script at all.