IP and Legal Filings

JUNE 12, 2023

Since copying was for the purpose of criticism, it amounted to fair dealing and did not constitute infringement of the copyright. Author: Tanya Saraswat, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing. References Civic Chandran v/s C.

Copyright Law 81

Copyright Law Copyright Law Copyright Infringement 81

IP Law 360

MAY 12, 2022

A sketch comedy group on Thursday successfully convinced a New York federal judge that its play "Vape: The Musical" is a parody of the film version of the musical "Grease" and is therefore protected under copyright law's fair use doctrine.

Fair Use 98

Fair Use Music Copyright Law Copyright 98

JD Supra Law

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. By: Weintraub Tobin

Fair Use 40

Fair Use Blogging Law IP 40

IPilogue

JULY 18, 2022

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. There seems to have always been tension between artistic creativity and copyright law.

Copyright Law 111

Copyright Law Copyright Law Art 111

IP Law 360

OCTOBER 20, 2022

Apple will argue next week at the Eleventh Circuit that a judge wrongly held that a startup's "virtual" version of Apple's iPhone to detect bugs is covered by copyright law's fair use doctrine, a fight that digital rights groups are closely watching.

Fair Use 75

Fair Use Intellectual Property Copyright Law IP 75

IP Law 360

MARCH 22, 2023

A Tenth Circuit panel had tough questions on Wednesday for Netflix over whether copyright law's fair use protections cover the streaming giant's hit show "Tiger King" and its use of YouTube video footage that showed the funeral of Travis Maldonado, the husband of the show's star, Joe Exotic.

Fair Use 79

Fair Use Copyright Copyright Law Law 79

LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

LexBlog IP

SEPTEMBER 25, 2023

Fair Use needs to be more predictable. Here is a quick list of 5 items that should be considered “fair use” under the copyright laws. This should be codified as a “Fair Use Bill of Rights.” using a short 5-second audio or video clip, sound effect, music clip, etc.)

Fair Use 52

Fair Use Music Copyright Law Copyright 52

IPilogue

MAY 26, 2022

Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moten, a Texas pastor, filed a copyright infringement lawsuit against rapper Kanye West for incorporating a sample recording of his religious sermon into one of his songs. The fair use defence is rarely used in music sampling cases.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

The IP Law Blog

JULY 9, 2021

They provide a recap of last week’s episode , which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. Watch the episode on YouTube at this link.

Fair Use 98

Fair Use Litigation Blogging IP 98

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. She emphasized that both uses were commercial in nature, making them substantially similar in purpose.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

IPilogue

NOVEMBER 11, 2021

Emily Xiang is an IPilogue Writer, the President of the Intellectual Property Society of Osgoode (IPSO), and a 2L JD Candidate at Osgoode Hall Law School. . For fifty years, the Copyright Society of the USA (CSUSA) has invited numerous esteemed figures to present the annual Donald C. Brace Memorial Lecture.

Fair Use 110

Fair Use Copyright Law Copyright Intellectual Property 110

The Illusion of More

APRIL 7, 2022

On March 18th, Senators Tillis and Leahy of the IP Subcommittee introduced the SMART Copyright Act. The post Addressing Fair Use Rhetoric in Debate Over SMART Act appeared first on The Illusion of More. For a detailed description […]. For a detailed description […].

Fair Use 86

Fair Use Designs Design IP 86

IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

IP Watchdog

MAY 25, 2023

In response to last week’s hearing of the House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet about the impact of artificial intelligence (AI) on copyright law, former Copyright Office General Counsel, Jon Baumgarten, submitted a letter this week to the Subcommittee expressing his concerns with the testimony of (..)

Fair Use 70

Fair Use Copyright Intellectual Property Copyright Law 70

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

IP and Legal Filings

APRIL 19, 2022

Temporary or incidental storage of work or performance to provide electronic links, access, or integration, where the owner has not expressly prohibited such links, access, or integration, falls under the ambit of fair use of copyright, according to Section 52(1)(c) of the Indian Copyright Act, 1957.

Copyright Law 69

Copyright Law Copyright Law Copyright Infringement 69

IP and Legal Filings

SEPTEMBER 29, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Copyright Infringement 52

IP Law 360

JULY 24, 2023

Circuit to affirm a lower court's decision rejecting two industry groups' challenge to a final rule that categorized medical device diagnostic procedures and repairs as fair use exemptions to U.S. copyright law, arguing the rule is not subject to judicial review.

Fair Use 40

Fair Use Copyright Law Copyright Law 40

LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

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!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

IP Law 360

MARCH 20, 2024

The works of sculptors, like those of other artists, are protected by the fair use doctrine in U.S. copyright law, while photographers also have copyright protection for their work when others try to use it for their own profit.

Copyright 110

Copyright Fair Use Copyright Infringement Copyright Law 110

IP and Legal Filings

OCTOBER 4, 2022

Under the Copyright laws , the dichotomy between idea and expressions exists, such that safeguard has been given to expressions under Copyright, but the same is not available for ideas. The Court in several cases have held that it is not the creator’s idea but the expression of that idea which is copyrightable.

Copyright Law 52

Copyright Law Copyright Law Fair Use 52

IP Law 360

MAY 30, 2023

Copyright Office has penned a letter to the House Judiciary's intellectual property subcommittee taking aim at comments made by another former general counsel of the office at a hearing on the impact of artificial intelligence on copyright law.

Fair Use 75

Fair Use Copyright Intellectual Property Copyright Law 75

SpicyIP

JANUARY 20, 2024

While the question made sense ever since I read the post, it started making more sense (and bothering me more) after working on the SpicyIP Open IP Syllabus where I witnessed a relative “over-accessibility” of US-European IPR scholarship. research on the genealogy of copyright’s balance metaphor. See also here ).

Government 112

Government IP Intellectual Property Reporting 112

The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. 3: What Now for Fair Use After Warhol v. As we look back, we want to share The Briefing’s most popular episodes in 2023.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

The IP Law Blog

JUNE 29, 2021

Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundation.

Fair Use 52

Fair Use Litigation Blogging IP 52

The IP Law Blog

APRIL 8, 2021

Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. But, even if APIs are subject to copyright protection, Google argued its use was protected as fair use. Weighing the fair-use factors, the Court found in Google’s favor.

Fair Use 52

Fair Use Copyright Copying Designs 52

The IP Law Blog

JULY 30, 2021

In this week’s episode of the Briefing by the IP Law Blog , Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet.

Music 98

Music Copyright Fair Use Copyright Law 98

JD Supra Law

AUGUST 5, 2021

In this week's podcast episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the videos from being uploaded to the Internet. By: Weintraub Tobin

Music 52

Music Blogging Fair Use Copyright 52

IPilogue

FEBRUARY 28, 2023

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The conflict of laws has often resulted in interesting dilemmas for courts where precedent cannot be readily applied, necessitating a case-by-case approach. The plaintiffs argued that the book has a commercial purpose, which weighs against fair use.

Fair Use 105

Fair Use Copyright Copyright Infringement Copyright Law 105

CoCal IP Law Institute

NOVEMBER 8, 2023

Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why. She says she [.]

Copyright Law 52

Copyright Law Copyright Ownership Law 52

IP Law 360

MARCH 16, 2023

A New York federal judge will consider next week whether copyright law's fair use doctrine protects the Internet Archive's lending library of digitized books or if the nonprofit is committing what publishers call "digital piracy on an industrial scale."

Fair Use 75

Fair Use Intellectual Property Copyright Law IP 75

IP Law 360

APRIL 18, 2024

A lawyer for Jimmy Kimmel told a Manhattan federal judge Thursday that the fair use doctrine of U.S. copyright law allows the late-night host to air silly videos that he tricked indicted former congressman George Santos into making on the personalized messaging platform Cameo.

Fair Use 52

Fair Use Copyright Law Patent Copyright 52

JD Supra Law

JUNE 7, 2023

The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether using copyrighted works to train artificial intelligence (AI) models would qualify as a fair use of those works under US copyright (..)

Fair Use 55

Fair Use Intellectual Property Copyright Law Copyright 55