LexBlog IP

MAY 25, 2023

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.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. Copyright law in the U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

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. 2] A week later, the U.S.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab. Defendants, meanwhile, operate themed pop-up restaurants and bars in Houston, Texas.

Blogging 91

Blogging Social Media Television Fair Use 91

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent?

Fair Use 136

Fair Use Copyright Moral Rights Copyright Law 136

Garrigues Blog

JUNE 1, 2021

For many, bullfighting is an art, but this does not necessarily mean that a bullfight is a work in which the bullfighter holds a copyright. Out post addressed the questions that the Supreme Court must answer when deciding whether a bullfight can be an original work and therefore protectable by copyright. There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 52

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Goldsmith , Docket No. 21-869 (2022). Prince did not personally model for Warhol.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. The Supreme Court granted certiorari in March 28, 2022, presenting the question of whether a work of art is “transformative” for purposes of a fair use defense under the Copyright Act (17 U.S.C. §

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

CopyrightsWorld

JUNE 10, 2021

Do you want to get hired by a fashion magazine? Physical copy matters too! And remember to copyright protect the best of your work, and all your work actually, in case someone tries to steal it. It’s from the same set of artwork for event promotion. This is probably what your employer would believe to be a plus.

Designs 98

Designs Design Art Business 98

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

Public Domain 128

Public Domain Artwork Copyright Marketing 128

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Here are the most popular posts over the past few months.

Blogging 52

Blogging Law IP Fair Use 52

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. In 1984, Goldsmith gave Vanity Fair permission to use the photograph in a new commissioned purple silkscreen portrait by Warhol that appeared in the magazine’s November issue.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. In 1984, Goldsmith gave Vanity Fair permission to use the photograph in a new commissioned purple silkscreen portrait by Warhol that appeared in the magazine’s November issue.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52