LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” Andy Warhol Foundation for Visual Arts, Inc. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

IP Intelligence

JUNE 6, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. We limit our analysis accordingly.

Fair Use 40

Fair Use Licensing Music Art 40

Velocity of Content

APRIL 11, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. These arguments are deeply flawed and gloss over crucial technical and legal issues.

Licensing 52

Licensing Fair Use Copying Copyright 52

Technology & Marketing Law Blog

JUNE 17, 2023

Also, ignoring copyright licenses is at least arguably copyright infringement, and your fair use claim probably won’t get you out of the lawsuit at the motion to dismiss stage. The court also held that the coders did not have standing to seek damages, but they did have standing to pursue injunctive relief. Complaint at 2.

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Blogging Licensing Privacy Copyright Notice 128

Technology & Marketing Law Blog

JANUARY 12, 2024

In a framing case, the plaintiffs’ web servers aren’t the affected chattel because the plaintiffs’ web servers delivered the web pages directly to users’ devices, after which the framer (Google) superimposed its frame on the web pages once the copies were in users’ RAM. ” Even this correction is suboptimal.

Copying 75

Copying Ownership Derivative Work Contracts 75

43(B)log

AUGUST 3, 2023

By defining purpose only as licensing image of Prince—use in a well-structured conventionalized market—the majority gets to be dismissive of the dissent; it doesn’t matter how much Warhol contributed b/c he created a substantially similar image which is now competing with her photograph. Your answer was that the two works didn’t compete.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Kluwer Copyright Blog

MAY 9, 2023

As currently worded, the transparency obligation to “document and make publicly available a summary of the use of training data protected under copyright law” is impossible to comply with. Does such an output infringe on a copyrighted work of a third party, especially those works “ingested” during the training stage of the AI system?

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Copyright Fair Use Copyright Law Law 137

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). An exemption provision on the use of unavailable works was introduced into the German Copyright Act. d) Caricature, parody and pastiche.

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Copyright Related Rights Copyright Law Publishing 52

43(B)log

FEBRUARY 4, 2023

Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license. Wants to document and explain some of the changes publishers have made, in books, films, and dramatic works. The solution they’re working on is not shared in most cases, so it would be hard to find intent to merge.

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Copyright Editing Settlement Music 64