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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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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] It found that all four fair use factors weighed against fair use. [12] Controversy” [8] : The Litigation.

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Copyright Infringement by Andy Warhol in his Celebrity Silkscreen Series

IPilogue

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. The implication of the result will be far-reaching.

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Too Rusty For Krusty–Nickelodeon v. Rusty Krab Restaurant (Guest Blog Post)

Technology & Marketing Law Blog

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

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Second Circuit signals some minimal flexibility on Polaroid analysis in another strip club false endorsement case

43(B)log

May 19, 2023) Whereas the timeshare false advertising cases might be making law largely applicable to other timeshare cases, what’s going on in the strip club advertising cases might have somewhat broader implications. Several had appeared in magazines, advertising campaigns, television episodes, and films. 21-2149-cv, F.4th

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WIPIP 2022, Session 3 (ROP/TM, (c) fair use)

43(B)log

Does it work differently in the US where there is a separate ROP? When, how and why would you seek permission to use persona. Industries: advertising, merchandising, movies/TV, and video games. A: History differs a lot—US foundation for ROP was set much earlier. You can cluster fair use cases.

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WIPIP 2022, Session 2 (TM and a bit of copyright)

43(B)log

Traditional advertising can change firsthand consumer impressions, both pre and post experience—telling consumers coffee isn’t bitter makes their impressions of bitterness change, etc. Expensive to show it by surveys; most show it by circumstantial evidence of advertising and sales.