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. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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Copyright Lately

OCTOBER 24, 2022

AI-generated art isn’t perfect, but it’s become a viable option for set decor on motion pictures and other commercial productions. Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition.

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No. Unbeknownst to Ms.

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc.

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Kluwer Copyright Blog

APRIL 22, 2024

That is, in an NFT there can be an underlying copy of a work of art –typically an image, photograph, piece of music, video or certain audiovisual content– that may be subject to copyright. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected.

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No.

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LexBlog IP

MAY 19, 2023

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. At issue before the Supreme Court in Andy Warhol Foundation for the Visual Arts Inc. copyright law. copyright law. Copyright law in the U.S.

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Copyright Lately

APRIL 23, 2021

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol’s “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”. Andy Warhol’s “Prince Series”. Goldsmith , the U.S.

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IPilogue

NOVEMBER 30, 2022

Professor Lior Zemer, Dean at the Harry Radzyner Law School at Reichman University, began his presentation with Artwork of the Compiègne Concentration Camp by Abraham Joseph Berline created in 1941. Berline constructed it using egg shells from the scraps given to Jewish inmates as food and a wooden plate he found at the camp.

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JD Supra Law

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. By: Fox Rothschild LLP

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43(B)log

MAY 2, 2023

19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; the plaintiff’s lawyer is Higbee, FWIW), but the trademark claim is so clearly Dastar -barred and parasitic on the copyright claims that it’s hard to object.

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LexBlog IP

JULY 17, 2023

The growing popularity of art generated by Artificial Intelligence (AI) is no longer just a question of whether it is morally right to replace human artists. Now the discussion has expanded to consider the possible legal ramifications of art that is produced with an algorithm based on the data of other existing art styles.

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The IP Law Blog

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M. Therefore, Allen asserts the final work is eligible for copyright registration.

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JIPEL Copyright Blog

APRIL 11, 2022

In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects. for the Visual Arts, Inc. Andy Warhol Found. Goldsmith, No. 19-2420-cv, 2021 U.S. LEXIS 25277 (2d Cir.

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Olartemoure Blog

MAY 26, 2023

This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes. The dispute revolved around a work of art created by Warhol, which incorporated a photograph of the musician Prince.

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IP Law 360

JULY 13, 2022

The Ninth Circuit has thrown out a California federal court's refusal to enforce a French court's €2 million judgment in a suit over copyrighted photographs of Pablo Picasso's artwork, finding that multiple factors weighed against the fair use defense.

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JD Supra Law

JANUARY 30, 2023

Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy Warhol Foundation for the Visual Arts, Inc. This case is important because it may provide additional guidance in the very murky area of transformative use under copyright law.

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LexBlog IP

OCTOBER 10, 2023

Or, Can I post a photo of graffiti art to Instagram? Feeling inspired and intrepid you snap a photo, instantly uploading it to your story with a witty one-liner about undiscovered urban art. However, in 5Pointz the building owner consented to the artwork installation. ” Canilao v. As many readers know, U.S.

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Above the Fold

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. But the U.S. The Supreme Court will now determine whether Warhol violated copyright law.

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LexBlog IP

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. ” But the U.S. .” ” But the U.S.

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IPilogue

JULY 18, 2022

Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use. As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art.

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IP Law 360

JUNE 10, 2022

Supreme Court to overturn the Second Circuit's ruling that found pop artist Andy Warhol's artwork didn't make fair use of a photo of music legend Prince, saying that the appeals court's "cramped" reading of what makes a work transformative will harm the art world and the creation of future works.

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Copyright Lately

SEPTEMBER 12, 2022

One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles.

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JD Supra Law

MARCH 29, 2022

Andy Warhol Foundation for the Visual Arts, Inc. 21-869: This case concerns the scope of the Copyright Act’s fair use defense. The case arises from Andy Warhols’ artwork that utilized a photo of music legend Prince. Goldsmith, No. By: Dorsey & Whitney LLP

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LexBlog IP

SEPTEMBER 14, 2023

Allen won first place at the Colorado State Fair (the “Competition”) for the two-dimensional artwork entitled Théâtre D’opéra Spatial (the “Work”), which he produced with the aid of Artificial Intelligence (“AI”). Last year, Jason M. Therefore, they dismissed this argument.

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The IPKat

JULY 9, 2023

An Oral History of Creative Processes in Street Art and Graffiti Subcultures ”, authored by Enrico Bonadio (City University of London). As its title suggests, this book focuses on the relationship between US copyright law and street art and graffiti. Chapter 3 is entitled "Copyright within the street art and graffiti circles".

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Olartemoure Blog

JANUARY 18, 2023

In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince. He used a cropped photo based on one of Goldsmith’s images to create his artwork.

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Clancco

MARCH 27, 2021

We conclude … that all four factors favor [Lynn] Goldsmith and that [Warhol’s] Prince Series works are not fair use as a matter of law. This ruling is devastating to some art folk for at least three reasons. Two, the opinion makes clear that so-called “conceptual appropriation art” is not in and of itself transformative.

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Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. by Dennis Crouch. Goldsmith , Docket No. 21-869 (2022).

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LexBlog IP

MAY 19, 2023

Condé Nast paid the Andy Warhol Foundation for the Visual Arts, Inc. (“AWF”) $10,000 for the license, while Goldsmith received neither a license fee nor a source credit. 1] The Southern District of New York granted summary judgment to AWF on its claim of fair use, but the Second Circuit Court of Appeals reversed.

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Intellectual Property Law Blog

OCTOBER 3, 2023

Copyright Office’s denial of a copyright application for a work created using generative AI due to lack of human authorship ( Thaler v. The Copyright Office denied protection for Jason Allen’s science-fiction themed artwork “Theatre D’opera Spatial,” which he created with an AI tool called “Midjourney.” Perlmutter, et.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Generative AI Computer-generated art reached a tipping point in 2022.

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SpicyIP

MAY 18, 2022

In the US too, several companies are protecting their trademarks for similar goods and services. Hermes has sued a Californian artist, Mason Rothschild, for his “MetaBirkins” digital artworks alleging trademark infringement. TOMMY JEANS. March 4, 2022. Dec 21, 2021.

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LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense. Goldsmith opposed the Petition. 1] See, e.g., Campbell v.

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Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2]

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Copyright Lately

JANUARY 23, 2023

A group of artists has filed a first-of-its-kind copyright infringement lawsuit against the developers of popular AI art tools, but did they paint themselves into a corner? As I noted in my prior article on AI art , AI tools aren’t copying images so much to access their creative expression as to identify patterns in the images and captions.

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