LexBlog IP

FEBRUARY 28, 2022

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]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IPilogue

SEPTEMBER 29, 2021

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.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

Plagiarism Today

OCTOBER 13, 2022

In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine. However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. Lynn sued allegiging that those prints were a copyright infringement.

Cease and Desist 183

Cease and Desist Copyright Infringement Licensing Fair Use 183

JD Supra Law

JULY 13, 2023

In May, the Supreme Court issued an unusually contentious 7-2 decision concerning the fair use defense available to alleged copyright infringers. The majority decision in The Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 52

Fair Use Copyright Copyright Infringement Art 52

Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. Goldsmith, a case that is expected to be a rare moment of the high court ruling on an issue of fair use. Goldsmith sued, saying that this use far exceeded the agreement that they made. Have any suggestions for the 3 Count?

Fair Use 174

Fair Use Reporting Licensing Plagiarism 174

Plagiarism Today

OCTOBER 5, 2021

Copyright termination is a process through which creators that licensed their works can reclaim their rights after a set period of time. back in 2016. Ratajkowski fired back, claiming that the photo didn’t qualify for copyright protection and that her use was a fair use.

Fair Use 197

Fair Use Licensing Copyright Infringement Music 197

TorrentFreak

JANUARY 17, 2024

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 112

Copyright Derivative Work Fair Use Reporting 112

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

IP and Legal Filings

JANUARY 16, 2024

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. Doctrine of fair use The concept of CDL has not been per se recognized under Copyright Act, 1957 (“ Act ”). Acuff Rose Music, Inc., 3] Authors Guild Inc. 3d 87 (2d Cir.

Copyright 83

Copyright Fair Use Public Domain Copying 83

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. When Prince died in 2016, Vanity Fair’s parent company sought permission from the Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

BYU Copyright Blog

JANUARY 24, 2022

Pearson, a large textbook and education company, accused Chegg of copyright infringement as Chegg publishes answers online to the questions found in Pearson’s textbooks. In its Answer, Chegg asserts multiple defenses, including that “any use of Pearson’s asserted copyrighted works by or through Chegg’s services constitutes fair use.”

Fair Use 95

Fair Use Licensing Copyright Infringement Publishing 95

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. 1258, (2023).

Fair Use 106

Fair Use Licensing Music Art 106

JIPL Online

APRIL 9, 2021

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]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

BYU Copyright Blog

MARCH 18, 2024

Wilder alleged that Hoiland had used course materials created by Wilder for a faculty development program, Numeracy Infusion Course for Higher Education (NICHE), in five slides of a presentation Hoiland gave at the Community College Conference on Learning Assessment (CCCLA). And, the use had limited to no effect on the market.

Fair Use 40

Fair Use Higher Education Copyright Infringement Marketing 40

IPilogue

DECEMBER 9, 2022

In the verdict form the jury stated that Defendants had not proven fair use, the Plaintiff (Alexander) should receive $3,750 USD for actual losses from the Defendant’s use of the tattoo designs, and did not answer as to profits can be attributed to the Plaintiff for use of the tattoos. was released. Citing Muhammad-Ali v.

Fair Use 112

Fair Use Copying Licensing Copyright 112

Velocity of Content

AUGUST 9, 2022

Warhol, however, did not stop with that one modified image; instead, he developed a series of sixteen different versions using the Goldsmith photograph, none of which was covered by the Vanity Fair license. First, there are not that many Supreme Court cases that address fair use. The case is important for several reasons.

Fair Use 95

Fair Use Derivative Work Licensing Art 95

Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. was entitled to a declaration that Warhol’s “Prince Series” did not infringe Goldsmith’s photo.

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. was entitled to a declaration that Warhol’s “Prince Series” did not infringe Goldsmith’s photo.

Art 52

Art Fair Use Copyright Copyright Infringement 52

LexBlog IP

MAY 19, 2023

However, Andy Warhol would go on to create 15 additional works using the Goldsmith photograph, now known as the artist’s “Prince Series.” 1] The Southern District of New York granted summary judgment to AWF on its claim of fair use, but the Second Circuit Court of Appeals reversed.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). In response, AWF sued Goldsmith, seeking a declaratory judgment of non-infringement, or alternatively, fair use.

Fair Use 52

Fair Use Licensing Copyright Editing 52

JIPEL Copyright Blog

APRIL 11, 2022

While a popular and respected form of art , appropriation art’s essence – the purposeful use of preexisting works – makes it especially susceptible to claims of copyright infringement. Outside of consent from the original work’s author, the best legal defense for appropriation art is the doctrine of fair use.

Art 52

Art Copyright Law Fair Use Copyright 52

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. The photographer, who had only been aware of one of the 16 images in the series, argued that Warhol had committed copyright infringement. Understanding the Fair Use Doctrine.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

TorrentFreak

APRIL 27, 2022

Post Removed By Reddit For Copyright Infringement. As the embedded image shows, the user’s post was subsequently removed by Reddit’s Legal Operations team following a “copyright claim by a third party.” But would that be illegal under US copyright law? Reporting Facts?

Cease and Desist 60

Cease and Desist Copyright Infringement Fair Use Copyright 60

LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use.

Fair Use 52

Fair Use Licensing Music Art 52

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Technology & Marketing Law Blog

JANUARY 3, 2023

” However, Wallshoppe does not allege Defendant knew of the specific acts of infringement at issue here—Sienna Lewis selling products featuring the Palm Design on Defendant’s website. Jury awards nearly $50M in damages against Internet access provider for user-caused copyright infringement. LEXIS 198181 (C.D.

Copyright 91

Copyright Social Media Copyright Infringement Publishing 91

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. 1258, (2023).

Fair Use 40

Fair Use Licensing Music Art 40

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. More information about this event here.

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

Kashishipr

JUNE 9, 2021

If the music that is streamed is not licensed out, then does it amount to Copyright Infringement ? Although customers may have easy and legal access to music than before, how true is it in India? The same was the focal point of contention between both parties during the succeeding hearings.

Music 98

Music Licensing Television Copyright Infringement 98

IP and Legal Filings

APRIL 19, 2022

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. SCIL) (2016) Myspace Inc. MySpace Inc.

Copyright Law 72

Copyright Law Copyright Law Copyright Infringement 72

TorrentFreak

MAY 15, 2023

” That wasn’t what Maria Schneider had in mind, according to her 2016 Music Tech Policy piece, which begins with a surprise apology. After all, it’s not fair to legal whorehouses that pay their share of taxes to lump them with meth labs and YouTube,” Schneider wrote. I apologize. In a submission to the U.S.

Copyright 125

Copyright Intellectual Property Business Licensing 125

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

OCTOBER 25, 2023

Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright. Dorland counterclaimed for copyright infringement, claiming that Larson’s use of Dorland’s letter was a violation of intellectual property law.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

IP and Legal Filings

FEBRUARY 17, 2022

Consumers are invited to use and transmit “bites” of copyrighted content via social networking sites, mobile television via cell phones and other handheld devices, online mobile game units with WiFi and other interactive capability, interactive television, and a variety of other interactive technologies. In DC Comics Inc.

Fair Use 66

Fair Use Copyright Television Copying 66

SpicyIP

DECEMBER 20, 2023

With further ado, here’s what I found in Novembers: Database Protection in India: Since Prof Basheer’s 2005 post about the inaccurate implication of the theft of data as copyright infringement, to 2023, not much seems to have changed. The Indian courts have further clarified this issue. Feels like history is repeating itself.

Personality Rights 59

Personality Rights IP Licensing Copyright 59