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. The letter claimed that the director, an ad agency, and a popular theme park had all committed copyright infringement because a panda appeared in the background of their TV commercial.

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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.

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JD Supra Law

JULY 21, 2022

The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic works featuring the art of Pablo Picasso.

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JD Supra Law

MAY 19, 2023

On May 18, 2023, the US Supreme Court, in a much-anticipated decision, held that portraits of the musician Prince by Andy Warhol do not constitute fair use under copyright law. The 7 – 2 decision in Andy Warhol Foundation for Visual Arts, Inc.

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Above the Fold

MAY 22, 2023

Last week, in a 7–2 decision authored by Justice Sotomayor, the Supreme Court ruled that a 1984 work by artist Andy Warhol, portraying world-renowned singer Prince against an orange background (the “Orange Prince series”), infringed on the copyrights held by rock photographer Lynn Goldsmith.

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JD Supra Law

OCTOBER 7, 2022

EDT, the Supreme Court of the United States will hear oral arguments in The Andy Warhol Foundation for the Visual Arts, Inc. On Wednesday, October 12, 2022, at 10 a.m. Goldsmith, No. Milliken, a director in Sterne Kessler’s Trial & Appellate Practice Group, will be live-tweeting updates from the firm’s account, @sternekessler.

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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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JD Supra Law

JUNE 8, 2023

The Supreme Court’s recent and much-anticipated decision in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith redefines the contours of the fair use defense to copyright infringement.

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LexBlog IP

MAY 22, 2023

Last week, in a 7–2 decision authored by Justice Sotomayor, the Supreme Court ruled that a 1984 work by artist Andy Warhol, portraying world-renowned singer Prince against an orange background (the “Orange Prince series”), infringed on the copyrights held by rock photographer Lynn Goldsmith.

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LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

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LexBlog IP

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Posting copyrighted images or photos on your website or social media.

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Kluwer Copyright Blog

MAY 9, 2022

“Warhol Print” (Vanity Fair), Page 8, Andy Warhol Foundation for the Visual Arts, Inc. “Goldsmith Photograph”, Page 7, Andy Warhol Foundation for the Visual Arts, Inc. Starkly deviating from this trend was a Second Circuit panel decision in Andy Warhol Foundation for the Visual Arts, Inc.

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The IP Law Blog

APRIL 7, 2022

The Supreme Court granted a petition for writ of certiorari filed by the Andy Warhol Foundation for the Visual Arts that arises from a copyright infringement action filed by photographer Lynn Goldsmith, who took the photos of Prince that were subsequently the subject of Warhol’s allegedly infringing works.

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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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Indiana Intellectual Property Law

FEBRUARY 12, 2024

In a courtroom showdown that has captivated both the art and legal worlds, celebrity tattoo artist Kat Von D emerged victorious in a copyright lawsuit brought against her by photographer Jeffrey Sedlik. For Von D, the decision marked the end of a two-year legal ordeal.

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IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” A permissible derivative creation, or fair use, requires transformative changes made to the original.

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LexBlog IP

MAY 18, 2023

Supreme Court in the copyright infringement case, Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, was whether the Andy Warhol Foundation for the Visual Arts, Inc. in a museum) would be fair use. The question presented to the U.S. § 107(1). Or whether displaying the Prince Series (e.g.,

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LexBlog IP

FEBRUARY 28, 2022

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] Goldsmith counterclaimed for copyright infringement. 4] ), and issued a new decision in which it reached the same result. [5].

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JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. 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.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Definition. Indian Perspective.

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IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

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JD Supra Law

JULY 5, 2023

In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law should encourage artists to produce original work. By: Katten Muchin Rosenman LLP

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Kluwer Copyright Blog

APRIL 22, 2024

The rise in popularity of non-fungible tokens (NFTs) has attracted a great deal of attention from copyright practitioners and aficionados. Basically, because an NFT is an encoded digital metadata file of a copy of a work that can be copyright protected. And why is that? an exploitation that caused them no harm).

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LexBlog IP

SEPTEMBER 21, 2023

Meta Platforms (parent company of Facebook) and OpenAI (creator of ChatGPT) have individually filed a Motion to Dismiss the class-action lawsuit filed by comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden for alleged copyright infringement. ”

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LexBlog IP

NOVEMBER 17, 2023

and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023, in the United States District Court for the Middle District of Tennessee “to address the systematic and widespread infringement of their copyrighted song lyrics” by Anthropic. ABCKO Music, Inc.,

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement.

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IP and Legal Filings

DECEMBER 14, 2021

The United States Court of Appeal for the Second Circuit ruled that the use of Lynn Goldsmith’s 1981 photograph was not fair use by Andy Warhol’s image of a musical artist. The copyright was owned by Goldsmith. With this, Goldsmith and LGL countersued for infringement. District Court judgment. These were-.

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IP and Legal Filings

FEBRUARY 15, 2023

The availability of a large variety of information has also increased the risk of Copyright Infringement due to its easy accessibility and dissemination. This has led to varying degrees of copyright infringements in this digital era.

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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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LexBlog IP

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. According to Getty, this is clear copyright infringement.

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Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

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Copyright Lately

OCTOBER 2, 2023

While a flurry of AI copyright lawsuits from prominent authors and artists grab headlines, another case has quietly taken something more important: a head start. This means that a jury could weigh in on some of the thorniest copyright questions involving artificial intelligence as early as May 2024. Thomson Reuters v.

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Nelligan Law

FEBRUARY 20, 2024

Reading Time: 4 minutes In the world of human expression, few art forms have undergone as radical a makeover as tattooing. In the realm of tattoo artistry, the tango between creativity and copyright law is a delicate affair, riddled with complexities and nuances. Cases like Kat von D vs. Jeffrey Sedlik and S.

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Art Law Journal

OCTOBER 24, 2018

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This question even after a broad reading of the Indian Copyright law remains unanswered, demanding an amendment in the present law or more clarity on the same by the way of judicial decisions.

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The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. With the “structure, sequence, and organization” of the APIs so similar, Oracle alleged Google infringed its copyrights. I, §8, cl.

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IPilogue

NOVEMBER 11, 2021

For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. This past Monday, Osgoode’s very own Professor David Vaver delivered the 2021 Brace lecture on “User Rights: Fair Use and Beyond” as the series’ very first international speaker from outside the United States.

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