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Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

TorrentFreak

Free Speech Has Limits A criminal copyright infringement trial that concluded in Finland this week also saw the defendant rely on a fair use-style parody defense. In 2022, Lokka faced Finland’s Supreme Court over videos of a 2016 protest published to his YouTube channel, to which Lokka added subtitles in various languages.

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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 ).

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IT’S THE COPYRIGHT INFRINGEMENT FOR ME: WHY CLAIMS AGAINST MEME CONTENT SHOULD NOT MATTER

JIPL Online

In particular, it explores why copyright of a meme’s underlying content does not matter in a normative sense. In this blog I argue that copyright protection of the content underlying memes does not matter because of the relative weakness of enforcement mechanisms for copyright infringement of this scale. 139 (2016). [ix]

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Supreme Court Holds Specific Use of Warhol’s “Orange Prince” Not Fair Use

LexBlog IP

In doing so the Court focused not solely on the “transformative use” aspect of the first factor of a four-part fair use analysis, but on the entire first factor regarding the “purpose and character” of the allegedly infringing use. is (in copyright lingo) not ‘transformative.’”

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Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses

Kluwer Copyright Blog

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. The Court in Campbell emphasized that transformative fair uses leave “breathing space” for next generation creations that build on the expression of pre-existing works.

Fair Use 128
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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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How Prince and Warhol Got to the Supreme Court

Velocity of Content

When Prince passed away in 2016, Vanity Fair learned of the additional images and licensed a different one from the series from the Warhol estate, but not from Goldsmith or her representatives. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed.