Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

Fair Use 137

Fair Use Copyright Moral Rights Copyright Law 137

The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 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. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Plagiarism Today

DECEMBER 8, 2022

While parody isn’t protected in the Constitution, fair use was codified into U.S. Back in 2017, a group made plans to stage a play entitled Who’s Holiday , a one-woman show featuring a foul-mouthed grown up version of Cindy Lou Who. was accused of copying specific elements, including parts of some of the original artwork.

Cease and Desist 184

Cease and Desist Fair Use Artwork Plagiarism 184

LexBlog IP

APRIL 20, 2022

As described here in a previous post: The United States Court of Appeals for the Second Circuit rejected an artistic intent or purpose test for fair use on March 26, 2021, in The Andy Warhol Foundation v. ” Then, as I noted , the US Supreme Court decided a few days later, “in Google v. at 7-9) were transformative.,”

Intellectual Property 52

Intellectual Property Music Copyright Fair Use 52