Remove 2016 Remove Copyright Infringement Remove Copyright Law Remove Fair Use
article thumbnail

Prince Pop Art Not a Fair Use: SCOTUS Rules Against Warhol

LexBlog IP

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

article thumbnail

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

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. It found that all four fair use factors weighed against fair use. [12]

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Appropriation Art vs. Copyright Law: A Recent Setback for the Promotion of the Arts

JIPEL Copyright Blog

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

Art 52
article thumbnail

Copyright Infringement by Andy Warhol in his Celebrity Silkscreen Series

IPilogue

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. The trial judge John G.

article thumbnail

Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

TorrentFreak

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

Copyright 115
article thumbnail

Takedown Services Under Copyright Law

IP and Legal Filings

It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Copyright infringement cases on the internet have increased because the internet has become more widely available. Legal Framework governing take down notice.

article thumbnail

Controlled Digital Lending: A Copyright Analysis

IP and Legal Filings

The concept of CDL revolves around the idea of two major doctrines under Copyright law i.e. Doctrine of fair use and doctrine of exhaustion. However, the ambiguity as to the lawfulness of such mass digitalisation and controlled lending has attracted major debates in different jurisdictions. Acuff Rose Music, Inc.,