Remove 2021 Remove Artistic Work Remove Copying Remove Fair Use
article thumbnail

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

LexBlog IP

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] On March 26, 2021, the Second Circuit issued an opinion reversing the district court’s decision.

article thumbnail

Amicus of copyright law professors in Warhol Foundation v. Goldsmith

43(B)log

Summary of argument: If the meaning of artistic works were objective, an art appreciation class would be like a standard math class: It would have only right and wrong answers. 1183 (2021), that an inquiry into whether a work is a fair use requires evaluation of whether a second work has a different message, meaning, or purpose.

Insiders

Sign Up for our Newsletter

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

article thumbnail

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

article thumbnail

IP Issues in The World of Japanese Sequential Art – Manga

IIPRD

There is no question of fair use as although it is not commercially beneficial but it is neither limited to private use. This makes it difficult for the creator to control the dissemination of their works. For content piracy, Takeshobo Inc.,

Art 52
article thumbnail

Yearbook Defendants Lose Two More Section 230 Rulings

Technology & Marketing Law Blog

2021 has seen the emergence of a litigation genre against “yearbook” database vendors that publish old yearbooks online. 2021 WL 5050079 (N.D. 2021 WL 5795306 (N.D. The statutory exception for depicting people in literary and artistic works doesn’t apply to the associated ads (?). Callahan v.

article thumbnail

IP and NFTs: Where are We?

LexBlog IP

1:22-cv-00384, US District Court for the Southern District of New York. June 2021: Roc-A-Fella Records sues its co-founder Damon Dash, alleging that Dash’s attempt to mint Jay-Z’s album “Reasonable Doubt” as an NFT constituted unlawful conversion of the copyright in the album owned by Roc-A-Fella.

IP 52
article thumbnail

Does Transformative Matter? No, At Least Where Use Is Commercial

LexBlog IP

Warhol and his Foundation’s claim of fair use lost. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. ” The license provided that the use would be for “one time” only.