LexBlog IP

AUGUST 25, 2022

District Court can exercise personal jurisdiction over a foreign defendant with regard to a copyright infringement suit. Lang Van is a California corporation that produces and distributes Vietnamese music and entertainment, owning the copyrights to thousands of songs and programs. market” by VNG. content owners.”

Copyright Infringement 52

Copyright Infringement Copyright Contracts Music 52

Kashishipr

JUNE 9, 2021

With the onset of the trend wherein users are gradually switching to online streaming to meet their music needs and discarding traditional methods such as radio, television, and music CDs, compulsory licensing for the internet was recognized as a key policy issue by the music industry last year. Background. The Plaintiff, Tips Industries Ltd.,

Music 98

Music Licensing Television Copyright Infringement 98

Plagiarism Today

FEBRUARY 1, 2022

VHT licenses real estate photos for marketing purposes and many of its photos appear on Zillow. This prompted ZHT to file the lawsuit and decided that Zillow’s infringement was innocent until July 10, 2014, when ZHT sent a cease and desist letter to the company. million in damages and interest for the infringements.

Cease and Desist 130

Cease and Desist Licensing Plagiarism Publishing 130

Plagiarism Today

MARCH 16, 2022

.” 2: Court Overturns ‘Pirate’ IPTV Prison Sentences Due to Unenforceable Copyrights. Next up today, Ernesto Van der Sar at Torrentfreak writes that, in Sweden, the Patent and Market Court of Appeals has overturned both the prison sentences and damages of two men tied to an IPTV operation.

Non-Fungible Tokens 189

Non-Fungible Tokens Copyright Plagiarism Intellectual Property 189

LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. scholarship, or research” [2] and is evaluated through multiple factors. factor weighs in favor of fair use.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

IPilogue

DECEMBER 9, 2022

Take-Two licensed Randy Orton’s likeness from WWE. Alexander filed a complaint before the District Court of Southern District Of Illinois for copyright infringement under 17 U.S.C. § 2016) it stated that the burden is on the Defendant to prove the copying was authorised. The Court’s Conclusions. Final Call, Inc.,

Fair Use 112

Fair Use Copying Licensing Copyright 112

LexBlog IP

MAY 22, 2023

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 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

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. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 105

Fair Use Licensing Music Art 105

LexBlog IP

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” scholarship, or research is not an infringement of copyright.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” scholarship, or research is not an infringement of copyright.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Copyright Lately

AUGUST 14, 2023

Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D). Fifteen minutes of fame, meet permanent ink. A Los Angeles federal judge is set to decide the impact of the Supreme Court’s recent decision in Andy Warhol Foundation v.

Fair Use 87

Fair Use Social Media Licensing Marketing 87

Patently-O

FEBRUARY 20, 2024

While a laches issue was at the heart of this ruling, the Second Circuit adopted this rule for all copyright infringement cases. The unsatisfying conclusion here is when combined with the discovery accrual rule a copyright holder could have a timely infringement claim but not be eligible for relief.

Music 104

Music Copyright Due Diligence Licensing 104

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. * UMG Recordings, Inc. Jury awards nearly $50M in damages against Internet access provider for user-caused copyright infringement.

Copyright 93

Copyright Social Media Copyright Infringement Publishing 93

LexBlog IP

MAY 19, 2023

The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use. Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article. is (in copyright lingo) not ‘transformative.’”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

The IP Law Blog

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”?

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

Kluwer Copyright Blog

MAY 9, 2022

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. Vanity Fair contacted Lynn Goldsmith’s licensing agency in search of a photograph of that performer to serve as an artist reference. Since then, courts in the U.S.

Fair Use 127

Fair Use Derivative Work Art Licensing 127

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”). She contacted AWF alleging infringement of her copyright in her photograph. Goldsmith was unaware of these additional works.

Fair Use 52

Fair Use Licensing Copyright Editing 52

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

Technology & Marketing Law Blog

JUNE 20, 2023

Thus, if an artist creates a derivative work based on a photograph unlawfully , and copies of that derivative work are reproduced and distributed to the public, the owner of copyright in the photograph is entitled to sue for copyright infringement and to recover remedies for the unlawful use of their photograph.

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

Intepat

JUNE 9, 2023

In 2016, India introduced its National IPR Policy with the objective of stimulating creativity, protecting intellectual property, and promoting its commercialization. But first, let’s look at what the 2016 India’s National IPR Policy states. The major focus is to promote “Make in India” products.

Intellectual Property 52

Intellectual Property Inventor IP Technology 52

43(B)log

FEBRUARY 2, 2024

Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. Incoherent to raise/evaluate fair use as to an act that wasn’t a use or infringement. Licensing is not found in 106. Then others used/licensed/profited from the new thing.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

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.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

Technology & Marketing Law Blog

DECEMBER 27, 2023

Another troubling ruling for an Internet access provider trying to shake a contributory copyright claim based on user-caused copyright infringement. For more on the irrationality of this ethics opinion, see this 2016 paper. Grande Communications Networks, LLC, 2023 WL 1422808 (W.D. Jan 31, 2023). Live Face on Web LLC v.

IP 73

IP Advertising Advertising Copyright 73

LexBlog IP

JUNE 28, 2023

3) According to the Court, the term “sale” used in article 41 of the Copyright Law must be interpreted in a broad sense. The term includes, according to the decision, all forms of marketing of the copy of the computer program that include a right of time-limited use for a price.

Copying 52

Copying Copyright Law Copyright Editing 52

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 2] A week later, the U.S.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). The Falwell court was on solid ground in denying relief on the grounds of an implied license. complaint filed Jan.

Copyright 120

Copyright Blogging Publishing Fair Use 120

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. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. Damle introductory statement, Tr.

Fair Use 40

Fair Use Licensing Music Art 40

Kluwer Copyright Blog

NOVEMBER 24, 2021

In another decision , from 2016, the BGH found that remuneration claims under Section 32 UrhG arise when the agreed remuneration at the time of the respective contract being concluded is not appropriate when viewed from the perspective of the time of conclusion of the contract (ex-ante view). Claims under copyright law.

Contracts 98

Contracts Copyright Law Cease and Desist 98

LexBlog IP

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”?

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52

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.” Goldsmith counterclaimed for copyright infringement. Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

Kluwer Copyright Blog

NOVEMBER 4, 2021

On 21 st October 2021, Facebook announced that it has reached an agreement with APIG , an association of French press publishers, committing itself to the payment of licensing fees pursuant to the press publishers’ right introduced by the 2019 Copyright Directive. This change was to bring art. Misguided comparisons with Australia.

Social Media 142

Social Media Publishing Art Copying 142

Technology & Marketing Law Blog

FEBRUARY 27, 2022

dispute back in the Ninth Circuit in 2016. Trademark infringement 6. Copyright Infringement 10. TPG’s parent company Red Ventures, LLC, has a market cap about the same size as American Airlines. The Points Guy (Guest Blog Post) appeared first on Technology & Marketing Law Blog. Power Ventures, Inc.

Cease and Desist 121

Cease and Desist Blogging Contracts Social Media 121

LexBlog IP

APRIL 18, 2022

Vanity Fair licensed one of Goldsmith’s Prince photographs to use in a Vanity Fair article. When Prince died in 2016, Vanity Fair’s parent company sought permission from the Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith counterclaimed for copyright infringement.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

LexBlog IP

JUNE 10, 2022

The suit was originally levied by photographer Lynn Goldsmith after a 2016 Vanity Fair issue brought to light a series of images that Warhol produced of Prince based on a photograph taken by Goldsmith. The photographer, who had only been aware of one of the 16 images in the series, argued that Warhol had committed copyright infringement.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2016, Time “embedded” one of Brauer’s Instagram posts, featuring one of his photos of Hilary Clinton, in its entirety (preserving his username or “handle”, his caption, and his links and hashtags). Instagram, of course, was licensed to publicly display the post under its own terms and conditions, so there is no direct infringement.

Blogging 96

Blogging Copying Social Media Copyright 96