Technology & Marketing Law Blog

JUNE 20, 2023

Many copyright scholars and most in the world of fine art have loudly condemned the ruling as a travesty of justice. As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”).

Fair Use 96

Fair Use Derivative Work Blogging Licensing 96

BYU Copyright Blog

SEPTEMBER 20, 2021

According to the complaint, pursuant to a College agreement, materials created by D'Youville faculty during the course of their employment are owned by those faculty members; therefore, the Work that the Professors created is owned by them as joint authors and not by the College.

Derivative Work 72

Derivative Work Privacy Copyright Infringement Registration 72

Kluwer Copyright Blog

NOVEMBER 8, 2021

Top 3 Kluwer Copyright Blog posts. 1) The Rise of Non-Fungible Tokens (NFTs) and the Role of Copyright Law – Part II by Peter Mezei , João Pedro Quintais , Alexandra Giannopoulou and Balázs Bodó. In this Part II we discuss copyright law aspects of NFTs, with a focus on the EU copyright acquis.” here and here).

Blogging 52

Blogging Non-Fungible Tokens Law IP 52

IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

Art 52

Art Artwork Intellectual Property Copyright Law 52

LexBlog IP

OCTOBER 25, 2023

They do this to create works of fiction expressing the writers’ truths by using, altering, extending, or supplementing others’ reality, and sometimes even use what others have written about their own experiences. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before.

Copyright 52

Copyright Social Media Plagiarism Fair Use 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. Goldsmith counterclaimed for copyright infringement.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive.

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

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] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

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”). Around this time, Goldsmith learned of the additional works comprising the Prince Series. for Visual Arts, Inc.

Fair Use 52

Fair Use Licensing Copyright Editing 52

Kluwer Copyright Blog

OCTOBER 4, 2023

Presently, a new reference from the German Federal Court of Justice (BGH) asks the Court of Justice of the European Union (CJEU) for vital interpretive guidance concerning the parody exception within copyright law. This approach, initially applied to cultural politics by Dentith, can be similarly adopted within copyright law.

Copyright Law 86

Copyright Law Art Copyright Law 86

Technology & Marketing Law Blog

AUGUST 1, 2023

Instead, Hunley and Brauer filed a class-action lawsuit against Instagram, alleging that Instagram was vicariously liable for, or was liable for encouraging or contributing to, the alleged direct infringement by others, by providing an “embedding” tool that easily could be used to facilitate public display of their photos. 94-1476, at 159-60.

Blogging 96

Blogging Copying Social Media Copyright 96

Copyright Lately

APRIL 19, 2022

After all, the last time the Court considered whether a creative work qualified as a “transformative” fair use under the Copyright Act was in 1994’s “Oh, Pretty Woman” case, Campbell v. As in, “Oh wow, I hope they know what they’ve gotten themselves into.”. Acuff-Rose Music, Inc. Back in the mid-1980s, the world was a different place.

Fair Use 77

Fair Use Art Copyright Social Media 77