Remove 2016 Remove Copyright Law Remove Derivative Work Remove Marketing
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

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

IP Tech Blog

When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use? Goldsmith, Andy Warhol not only used Ms.

Insiders

Sign Up for our Newsletter

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

Trending Sources

article thumbnail

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

LexBlog IP

When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

article thumbnail

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

LexBlog IP

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Originals” [7] : The Works at Issue. It found that all four fair use factors weighed against fair use. [12]

article thumbnail

What Goldsmith Means to AI Trainers

IP Intelligence

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Instead, it requires courts to ask whether consumers treat a challenged use “as a market replacement” for a copyrighted work or a market complement that does not impair demand for the original.”

Fair Use 105
article thumbnail

Software Downloads Netflix & Disney+ Videos to Make DRM-Free Copies

TorrentFreak

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. Anyone who breaches their legal agreement with a platform is, at a minimum, in breach of relevant contract law. Copyright Law and DRM. Rules in the United States are particularly clear.

Copying 116
article thumbnail

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

JIPL Online

ii] Existing copyright law is ineffective in its application to new forms of digital media. ix] Just a brief glimpse at a meme can demonstrate just how little copyright protected material is used. [x] xii] These so called “rules for meme marketing” instruct corporate entities to be “authentic” and “relatable.”