Copying Designs Fair Use Litigation 
Kluwer Copyright Blog
FEBRUARY 28, 2024
Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. But he eventually reversed his own position.
Copyright Lately
MAY 22, 2023
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. Andy Warhol Foundation v.
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Technology & Marketing Law Blog
FEBRUARY 12, 2024
This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. The ridiculously low economic stakes of this case are what the CCB was designed to handle. Amount Taken.
43(B)log
FEBRUARY 18, 2022
When, how and why would you seek permission to use persona. Results: fear of potential litigation motivates permission seeking even when free speech rules would likely allow the use, e.g. in movies. Celebrities may collaborate on designing the product. A: History differs a lot—US foundation for ROP was set much earlier.
LexBlog IP
MAY 19, 2023
Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!
Copyright Lately
OCTOBER 3, 2022
Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. Skull arm design. Bible verse design. Upper back design. Tribal design.
Copyright Lately
SEPTEMBER 26, 2022
In a first-of-its-kind copyright trial, a jury will decide whether tattoo artist Catherine Alexander can effectively control the use of Randy Orton’s likeness in video games. After over four years of litigation and five COVID-related continuances, it’s finally time for the main event. Skull arm design. Bible verse design.
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