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] These divergent approaches and the persistent lack of clarity delineating a transformative use from a derivative work may compel the Supreme Court to intervene.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. That’s understandable.

Intellectual Property 67

Intellectual Property Invention Intellectual Property Law Design Patent 67

Art Law Journal

JUNE 30, 2022

Few people would want something that they put their heart and soul into creating, whether that’s art, music, design, or an invention, being used or sold without their permission. Copyright is the type of IP most often associated with artistic works like fine art, movies, or books. That’s understandable.

Intellectual Property 52

Intellectual Property IP Invention Designs 52

Technology & Marketing Law Blog

JUNE 20, 2023

Acuff-Rose Music, Inc. , Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

JUNE 5, 2023

A transformative work is fair use, and therefore not a copyright infringement, based on a reading of the Supreme Court’s holding in Campbell v. Acuff-Rose Music, Inc. , Such pro­tection includes the right to prepare derivative works that transform the original.” ” Id. ” Slip Op., ” Id.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

Patently-O

OCTOBER 11, 2022

Acuff-Rose Music, Inc. , The unanimous decision by Justice Kennedy delves into the first statutory fair use factor (“purpose and character of the use”) and distinguishes between (a) uses that simply replace or supersedes the original work and (b) those that are transformative of the original work. 569 (1994).

Fair Use 134

Fair Use Copyright Derivative Work Art 134

IP and Legal Filings

MAY 3, 2023

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. It was written with a distinct style and message.

Copyright 93

Copyright Public Domain Copying Publishing 93