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Why do artists infringe copyright – the tension between artistic creativity and copyright law

IPilogue

As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art. There seems to have always been tension between artistic creativity and copyright law.

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Still No “RKO” for Copyright Law After US Court’s Damage Award in Randy Orton Tattoo Dispute

IPilogue

This is a far cry from the revenues earned on the WWE 2K games, which have sold hundreds of thousands of copies each. This development has led legal commentators to observe that, unfortunately, the copyright law surrounding celebrity tattoos remains unclear. Copyright protection over tattoos has been a hot topic for some time.

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Using AI Artwork to Avoid Copyright Infringement

Copyright Lately

This was the late ’90s, and the entertainment industry was still reeling from a well-publicized copyright infringement lawsuit involving the movie 12 Monkeys. In that case, artist Lebeus Woods claimed that a torture device used in the Terry Gilliam film had been unlawfully copied from his drawing of a wall-mounted chair.

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“Well frens, it happened to me;” Actor’s Stolen NFTs Highlight Uncertainties for NFT Artwork

LexBlog IP

Let’s break down that mouthful: NFTs are a blockchain technology that creates indisputable ownership records that the art world has embraced as a way to buy and sell digital artwork. Traditional artwork is valuable because it’s unique and exclusive, and NFTs attempt to impose this uniqueness onto digital works.

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Artist Royalties: An exegesis of Resale rights in India

IIPRD

The general position in intellectual property laws states that upon the assignment of the copyright by the artist over his artwork to another legal entity, the artist cannot enjoy any economic benefits attached to the artwork. Furthermore, the resold artwork should be sold for a sum exceeding at least Rs.10,000

Artwork 98
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Supreme Court Rules adaption of Warhol print not “fair use”

Indiana Intellectual Property Law

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

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SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

The IP Law Blog

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.