Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

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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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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Copyright Lately

JANUARY 23, 2023

Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. You’d be wrong. 17 U.S.C. §

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Kluwer Copyright Blog

AUGUST 7, 2023

A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s. However, it is important to recognize that all artistic works are influenced by those that came before them. [1] 3] Regardless of the creative level of a work, copyright comes with limitations.

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