Remove Artwork Remove Blogging Remove Derivative Work Remove Fair Use
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Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

IP Tech Blog

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. Unbeknownst to Ms.

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Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

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.

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Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

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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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

Section 113(c) would also allow me to use my photos in a blog post talking about how I flipped the t-shirts for a profit because Alyssa priced them too low. The local news could then take photos of the shirt to use in a story about what a lousy dad I am. Vila’s Motion.

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Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

If you’re interested in doing a deeper dive into how all of this works, I recommend following Andres Guadamuz’s blog on the topic.) This allegation is factually flawed and legally suspect; it’s also overreaching in a way that could actually undermine the work of many artists who are members of the proposed class.

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NFTs: New Frontiers for Trademarks

IP Tech Blog

NFTs can be based on three-dimensional items or artwork, or can be purely digital creations—for example, a collectable digital sneaker or a token used in a videogame. Most NFTs are protected under US Copyright Law as creative works and/or may be derivative works based on pre-existing copyright-protected works.

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Top 3 posts for summer reading from our IP law blogs

Kluwer Copyright Blog

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?