LexBlog IP

FEBRUARY 28, 2022

But unbeknownst to Goldsmith, he also created fifteen additional works (including silkscreen prints and pencil drawings) using the Prince Photograph for his own artistic purposes. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market).

Fair Use 87

Fair Use Social Media Licensing Marketing 87

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. 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 106

Fair Use Licensing Music Art 106

IP and Legal Filings

DECEMBER 14, 2021

After the death of Warhol, the copyright over Warhol’s work of Prince series was copyrighted by AWF having gained rights over it. After Prince’s death, Goldsmith got aware of the Prince Series after his death in 2016 and after getting aware, she notified AWF of the same breach stating that she has her copyright over the photo.

Fair Use 52

Fair Use Music Derivative Work Copyright 52

Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

Fair Use 92

Fair Use Licensing Copying Artwork 92

LexBlog IP

MAY 31, 2023

In addition to the work commissioned by Vanity Fair, Warhol made 15 other works based on Goldsmith’s photograph (known as the “Prince Series”). Goldsmith was unaware of these additional works.

Fair Use 52

Fair Use Licensing Copyright Editing 52

JIPL Online

APRIL 9, 2021

x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xi] There are countless articles and marketing studies directing corporations on how to market via memes to reach the maximum level of engagement. 139 (2016). [ix]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

TorrentFreak

MAY 17, 2022

Aside from living up to the significant functional claims in its marketing, the big questions revolve around legality. In 2016, AACS told the Court that DVDFab had blatantly ignored its injunction and was continuing to conduct business as usual. Do the streaming services allow users to make copies and is this type of software legal?

Copying 115

Copying Social Media Licensing Technology 115

Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

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.” Evidence that Goldsmith actually used the work in a particular context. This is not the “potential” market of fourth fair use factor jurisprudence. ” (S.

Fair Use 52

Fair Use Licensing Music Art 52

LexBlog IP

JULY 7, 2023

. “Amount and Substantiality of Work Used” : Referring back to its decision on whether Prince’s use was “transformative,” the court found that his alterations were not enough to allow using almost the entirety of plaintiffs’ works. [12] Many derivative works.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

43(B)log

FEBRUARY 3, 2023

Before 2016, appeared to be that these multipliers were impermissible punitive damages. Since 2016, shift either in practice or characterizations—quite a few different kinds of multipliers for exclusivity/scarcity/quality being applied to actual damages before final judgment separate from statutory damages. In 2016, Leonard v.

Copyright 59

Copyright Copying Music Fair Use 59

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. 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 40

Fair Use Licensing Music Art 40

Copyright Lately

MAY 1, 2023

Chrissy has created an unauthorized derivative work of the SpongeBob track (which probably won’t make Sire Records happy), but she likely hasn’t implicated any copyright interests in the UMG-owned Drake recordings that were used by Janet to train the original model. .” ” VMG Salsoul, LLC v. Ciccone , 824 F.3d

Music 87

Music Copyright Copying Copyright Law 87

Kluwer Copyright Blog

AUGUST 7, 2023

In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine. Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2]

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Intellectual Property Law Blog

JUNE 5, 2023

Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. The nature of the copyrighted work. Goldsmith was not paid or credited for this use.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

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, LLC (Guest Blog Post) appeared first on Technology & Marketing Law Blog.

Blogging 95

Blogging Copying Social Media Copyright 95

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

JUNE 5, 2023

Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. The nature of the copyrighted work. Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. The nature of the copyrighted work. Goldsmith was not paid or credited for this use.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

JULY 21, 2021

” That is because religion is big business, as the Washington Post noted in detailing a 2016 empirical study on the socio-economic contribution of religion to American society. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. society at over $1 trillion annually.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

43(B)log

FEBRUARY 2, 2024

Counterclaim alleged that WF infringed by reproducing, publicly displaying, commercially licensing, and distributing the image, and by incorporating the photo into unauthorized derivative works. The difference b/t Justice Story’s © and today: the derivative work right: why would substitution be the core problem?

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

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). Factor four: the effect of the use upon the potential market for or value of the copyrighted work.

Copyright 118

Copyright Blogging Publishing Fair Use 118

43(B)log

AUGUST 11, 2021

Derivative works? Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. Marketing literature may show appropriate methods to evaluate trademark reputation, or potential harms or unfair advantages. Courts take that as a truism.

Trademark 72

Trademark Copyright Branding Brands 72

The IP Law Blog

FEBRUARY 23, 2023

The audiobook, The Trump Tapes , is comprised of 20 audio interviews, one with Trump during his presidential campaign in 2016 and the remaining 19 from the interviews conducted during his term as president. Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

LexBlog IP

FEBRUARY 23, 2023

The audiobook, The Trump Tapes , is comprised of 20 audio interviews, one with Trump during his presidential campaign in 2016 and the remaining 19 from the interviews conducted during his term as president. Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52