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No Fair Use for Warhol Prince Photo

LexBlog IP

Art Law in Session To illustrate, Vanity Fair paid the Andy Warhol Foundation $10,000 to use his work (which borrowed significantly from Goldsmith’s photo), while People paid Goldsmith $1,000 for her image. He gained notoriety because of how close he walked the line between outright plagiarism and transformative art.

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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] That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

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Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

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 8.

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Free Mickey? (Don’t Be Goofy)

LexBlog IP

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. The law gives copyright owners a monopoly to exploit and monetize creative works. Trademark law has something to say about use. But not so fast.

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Stop, thief! How to win big in a copyright infringement case

Art Law Journal

A painting, a sketch on a napkin, or even a photo displayed on an iPhone, are all physical mediums that are subject to copyright protection. The copyright holder (usually the creator but could also be a company or other entity) has the exclusive right to make copies, publicly display, distribute, and create derivatives of the artwork.