Indiana Intellectual Property Law

JUNE 1, 2023

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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SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. Image from here. The matter is still being heard.

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Kluwer Copyright Blog

FEBRUARY 2, 2023

This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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LexBlog IP

MAY 24, 2023

The Court countered that while relevant to whether a copying use has a sufficiently distinct purpose or character, it is not, without more, dispositive. Here, the specific use of Goldsmith’s photograph alleged to infringe her copyright is AWF’s licensing of Orange Prince to Condé Nast. 12–38.

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WIPO Magazine

SEPTEMBER 6, 2023

In May 2023, a US court found that Ed Sheeran’s hit Thinking Out Loud did not copy Marvin Gaye’s Let’s Get It On. The crux of this case was that while parts of the two songs are similar, those parts are unprotected elements that are freely available for everyone to use.

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LexBlog IP

MAY 19, 2023

Vanity Fair commissioned Andy Warhol to create a silkscreen using Goldsmith’s image and used Warhol’s piece in the magazine with attribution as promised. Because AWF did not dispute that the remaining fair use factors favored Goldsmith, the Court affirmed the Second Circuit’s finding of copyright infringement.

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LexBlog IP

FEBRUARY 11, 2024

You see, when I was growing up, computers took up entire rooms and content was published on paper – books, newspapers, magazines, and yes, sometimes even broadcast on television or radio. Copying was tedious. Copying took effort. Much of that content is protected by copyright laws. That was then, this is now.

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TorrentFreak

NOVEMBER 23, 2021

The Hollywood group sees copyright infringement as one of Telegram’s growth drivers and it urged the US Trade Representative to put the service on the annual list of notorious piracy markets. A few days ago copyright holders scored a win at the Intellectual Property Court in Lisbon, Portugal. Telegram Blocking Injunction.

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TorrentFreak

OCTOBER 10, 2022

As a result, copyright holders have yet another battle on their hands. The regulator said that Telegram and WhatsApp groups were mass distributing PDF copies of newspapers and periodicals on a daily basis. GdF describes them as the suspected administrators of channels linked to criminal copyright infringement offenses.

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IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. The Copyrights Act of 1957 regulates copyright law in India.

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IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S. 1258, (2023).

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LexBlog IP

MAY 24, 2023

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. Goldsmith’s photo can be found here , as well as Warhol’s commercial use.

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TorrentFreak

APRIL 27, 2024

The downside was that pirates would create bootleg copies. “So, I was tasked to collect evidence against video rental shops that carried illegal copies of it. “The best [achievement] is the CJEU ruling that The Pirate Bay is a copyright-infringing service. “When ‘E.T.

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LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

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IIPRD

JANUARY 8, 2023

Copyright infringement & fair use. Copyright is the inherent right of a creator, artist, composer or another creator to prevent the use of their work. This means that a copyrighted work can not be copied or appropriated by others without the creator’s consent. What is fair use in terms of copyright?

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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.

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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.

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TorrentFreak

AUGUST 19, 2022

Millions of scientific papers, novels, textbooks, and magazines are now just a couple of clicks away, making unlicensed sites like Sci-Hub and Libgen both wildly popular and prime candidates for anti-piracy enforcement. Copyright Infringement Allegations. From: TF , for the latest news on copyright battles, piracy and more.

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LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Both are portraits of Prince used in magazines to illustrate stories about Prince. ” (S. Goldsmith , 598 S. 1258, (2023).

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LexBlog IP

OCTOBER 25, 2023

The question then arises as to whether the fiction writer alone owns the copyright to work drawn in whole or part from another’s writings or experience. Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright.

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LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article. of a commercial nature. .”

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Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab?

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IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S. 1258, (2023).

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IPilogue

JANUARY 11, 2023

The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 Publishing is, of course, one of the core copyright industries – if not the core industry historically associated with copyright. million readers every issue in print and digital.

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BYU Copyright Blog

MARCH 11, 2024

However, the defendants produced evidence of an email sent to all employees, including Woodson, regarding an opportunity for publication in Principal Magazine. As a result of her failure to investigate when she had reason to do so, Woodson was barred from bringing her copyright case nine years after the event. Griffin, Sr.

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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? Such uses, they argue, constitute copyright infringement. Judge Denny Chin initially found Google liable for failing to secure the consent of copyright owners before scanning their books.

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IPilogue

DECEMBER 13, 2022

In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek. Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School.

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The IPKat

FEBRUARY 8, 2023

In an interview with GQ magazine , Raf Simons said: "I'm inspired by people who bring something that I think has not been seen, that is original. This phenomenon ranges from slight iteration to homage or even slavish copying. Fashion is my passion" says the Kat This would leave copyright. Burger King ].

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SpicyIP

NOVEMBER 15, 2022

Congress and the KGF 2 Copyright Dispute: Ex-Parte Injunctions, Fair Dealing, and Blocking Orders. Mr M M Kariappa vs Advance Magazine Publishers, Inc on 10 November, 2022 (Karnataka High Court) Karnataka High Court allowed the appeal and over-ruled the order of the District Court which had restrained the Appellant from using the mark VOGUE.

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LexBlog IP

NOVEMBER 17, 2021

Normally, you don’t need anyone’s permission to use a copyrighted work. Since there’s an exclusive right to public display, you actually need to rely on a version of the first-sale doctrine to display copyrighted works in public. But the key here is you’ve made a copy, bit by bit, of the hot dog.

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LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue. Controversy” [8] : The Litigation.

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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. §

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Plagiarism Today

OCTOBER 7, 2021

On Tuesday, journalist Robert Kolker published an article in the New York Times Magazine entitled Who is the Bad Art Friend? That, in turn, prompted a counterclaim by Dorland for copyright infringement. She took the words that someone else had written, copied them and used them in her story while presenting them as her work.

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LexBlog IP

JUNE 5, 2023

Money and copyright won by a 7-2 majority. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. Goldsmith notified AWF of her belief that the work infringed her copyright. Andy Warhol.

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LexBlog IP

JULY 14, 2023

sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida. [1] Morford’s claim is barred by the copyright doctrine of merger. That’s the message, at least, that U.S.

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Plagiarism Today

MARCH 28, 2022

1: Supreme Court to Hear Copyright Dispute Over Andy Warhol’s Images of Musician Prince. She licensed the photo to Vanity Fair magazine for use as an artist reference. Million Copyright Lawsuit Over Red Rat’s Song. 3: Renowned Saint Luke’s Cardiologist Sues Epic Systems Over Copyright.

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Copyright Lately

JANUARY 29, 2024

Late last week they filed a federal court copyright infringement and right of publicity lawsuit against Dudesy, LLC, along with Sasso and Kultgen personally ( read the complaint here ). Here are seven words you should never say in a copyright infringement case: “I don’t have a copyright registration yet.”

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