LexBlog IP
JUNE 27, 2023
In litigation, the case ping-ponged from the district court (ruling for Warhol) to the appeals court (ruling for Goldsmith), then finally went to the Supreme Court. Goldsmith counter-sued, claiming copyright infringement. The central issue was fair use, that is, whether Warhol had sufficiently ‘transformed’ the original image.
LexBlog IP
FEBRUARY 29, 2024
Related Services Intellectual Property | Copyrights About the Authors: Paul Bain is a Partner in Dickinson Wright’s Toronto office, focusing his practice on intellectual property and art law. He can be reached at PBain@dickinsonwright.com or 416-646-8364, and his biography can be viewed here.
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LexBlog IP
NOVEMBER 6, 2023
Though it appears from the complaint that NYDA has not produced any convincing evidence to prove that the statue was stolen from Turkey, once the litigation commences, NYDA may use various discovery tools such as request for inspection to conduct scientific research on the statue to acquire more information regarding the origin of the statue.
Kluwer Copyright Blog
JULY 14, 2023
In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 9.
LexBlog IP
FEBRUARY 28, 2022
Controversy” [8] : The Litigation. We will continue to monitor this litigation as it proceeds through the certiorari process, since the ultimate outcome will have significant consequences for the art world and other creative industries. for Visual Arts, Inc. Xpectation” [37] : Takeaways. 2d 191, 192 (S.D.N.Y.
Art Law Journal
JUNE 16, 2022
Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate. The legal fees provision doesn’t just save you money but also makes the entire litigation process easier and simpler.
Art Law Journal
MAY 19, 2018
Chris Reed. Comic book publisher ComicMix allegedly created a mashup of a popular Dr. Seuss book with elements of the iconic Star Trek TV series. Here, we discuss the resulting copyright infringement case, and whether a court may find the work permissible under the fair use doctrine.
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