Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Litigation ensued, and the basic question in the case is whether Warhol’s unlicensed uses constitute “fair use” under Section 107 of the Copyright Act. Andy Warhol Foundation for the Visual Arts, Inc.

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IP Law 360

DECEMBER 9, 2022

An art editor has urged the U.S. Supreme Court to take up his dispute with a copyright holder over a French court's €2 million infringement judgment regarding photos of artist Pablo Picasso's work, arguing that the Ninth Circuit parted ways with its sister circuits when it determined that his use of the photos didn't count as fair use.

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JD Supra Law

MAY 22, 2023

Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The Court held that because both Warhol’s art and the Petitioner’s photograph were used with magazine articles about Prince, the purpose and character of both works were the same. On May 18, 2023, the U.S.

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SpicyIP

DECEMBER 6, 2023

In St Art India Foundation v. Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 2(c), the fair use exemption thereof under Sec. Image from the order. 57 of the Act.

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LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

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Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

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JD Supra Law

APRIL 13, 2022

Hyperbolic descriptions of the supposed importance of cases dealing with intellectual property rights are as numerous as they are unfounded, but that is not true when it comes to The Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, Case No. 21-869, in which the U.S. Supreme Court just granted certiorari.

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JD Supra Law

MAY 22, 2023

Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. Lynn Goldsmith et al., By: Skadden, Arps, Slate, Meagher & Flom LLP

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Kluwer Copyright Blog

JUNE 5, 2023

“Warhol Print” (Vanity Fair), Page 8, Andy Warhol Foundation for the Visual Arts, Inc. 2021) (available here ); “Warhol Print” also available here “Goldsmith Photograph”, Page 7, Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, 11 F.4th 4th 26 (2d Cir. Goldsmith, 11 F.4th 4th 26 (2d Cir. Acuff-Rose Music, Inc.

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IP Law 360

MAY 19, 2023

Goldsmith narrows the scope of what qualifies as fair use, seemingly backtracking on nearly two decades of precedent, it does not close the door to appropriation art altogether, say Joshua Schiller and Benjamin Margulis at Boies Schiller. While the recent U.S. Supreme Court opinion in Andy Warhol Foundation v.

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IP Watchdog

DECEMBER 12, 2021

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”

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The IP Law Blog

SEPTEMBER 14, 2023

Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful. Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work.

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JD Supra Law

JUNE 13, 2023

Supreme Court issued its first decision this century on copyright fair use in the artistic context. for the Visual Arts, Inc. Andy Warhol Found. Goldsmith, 143 S. 1258 (2023).

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IP Law 360

AUGUST 24, 2022

The Ultimate Fighting Championship's new lawsuit over a documentary on mixed martial arts fighter Michael Bisping is the latest court case to grapple with the question of when filmmakers in the genre can incorporate copyrighted material in the name of fair use.

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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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TorrentFreak

AUGUST 20, 2022

The UFC’s reputation as the world’s leading mixed martial arts promotion is the result of almost three decades of hard work and unwavering dedication to combat sports. That’s why a company who used UFC footage without a license has prompted a new big-money copyright lawsuit. Bisping: The Michael Bisping Story.

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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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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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JD Supra Law

MAY 30, 2023

Last week, the Supreme Court decided an important copyright case on the question of fair use in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, 2023 WL 3511534. By: Clark Hill PLC

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IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

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JD Supra Law

MAY 23, 2023

The US Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, holding that the purpose and character of the Andy Warhol Foundation’s use of a copyrighted photograph of the artist known as Prince weighed against a finding of fair use. By: Goodwin

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JD Supra Law

JUNE 6, 2023

Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s photograph of the artist known as Prince. On May 18, 2023, the U.S. By: Pillsbury - Internet & Social Media Law Blog

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IP Law 360

AUGUST 12, 2022

The head of the American Bar Association's copyright division said Friday that the U.S. Supreme Court should establish a clear standard for fair use in a copyright battle over Andy Warhol artwork based on a photo of musician Prince, arguing it's a chance for the court to spell out what counts as a transformative work.

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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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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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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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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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JD Supra Law

MAY 23, 2023

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May 18, in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, et. Goldsmith, et.

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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

APRIL 19, 2022

Supreme Court recently granted a petition for writ of certiorari to review the extent to which a work of art is a “transformative” fair use under the Copyright Act.

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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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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.

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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

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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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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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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IP Law 360

JANUARY 18, 2024

Developers of generative artificial intelligence models are using vast datasets compiled by nonprofits to train large language models and text-to-art platforms, raising the question of whether AI companies can shield themselves from copyright liability because they did not compile or pay for the material.

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