IPilogue

JULY 18, 2022

Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

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The IP Law Blog

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. Listen to this podcast episode here.

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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.

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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.

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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

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LexBlog IP

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. Listen to this podcast episode here.

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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.

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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.

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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 […].

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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.)

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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.

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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.

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IP Watchdog

MAY 25, 2023

Copyright Office General Counsel. The letter was published in full on the Copyright Alliance website.

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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.

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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. The former general counsel of the U.S.

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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

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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.

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IP and Legal Filings

JANUARY 16, 2024

The libraries use this concept of CDL justify the mass digitalization of copyright works digital versions of their legally obtained items and lending them to patrons in a controlled manner. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.

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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!

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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.

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IP and Legal Filings

APRIL 19, 2022

The author or creator of any theatrical, literary, creative, or musical work has an exclusive right to copyright. It was recently uncovered that numerous internet platforms are posting infringing content on their websites without the approval of the copyright owners. Image Source: gettyimages]. What are takedown services?

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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 ).

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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. 4] ), and issued a new decision in which it reached the same result. [5].

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Velocity of Content

JANUARY 25, 2024

“Is offshoring the training of AI a credible and efficient response to minimize copyright compliance risks or is offshoring merely a theoretical argument designed to both influence lawmakers and for government relations purposes?” Artificial Intelligence (AI) is global, and copyright laws are national.

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The IP Law Blog

NOVEMBER 30, 2023

Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it provides a bit of clarity (or muddies the waters… depending on your point of view) in the application of a post-Warhol fair use defense. The first factor assesses whether the use is ‘transformative.'”.

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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. With the “structure, sequence, and organization” of the APIs so similar, Oracle alleged Google infringed its copyrights. I, §8, cl.

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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.

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Kluwer Copyright Blog

JANUARY 15, 2024

Photo by Joey Csunyo on Unsplash In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. Which copyright issues has the Australian government been grappling with?

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The IP Law Blog

SEPTEMBER 30, 2022

Copyright protection automatically attaches to a work when it is created. Specifically, copyright protection attaches to the original, creative work when it is fixed in a tangible medium, such as when it is written, drawn, recorded digitally, or typed electronically. Posting copyrighted images or photos on your website or social media.

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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.

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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.

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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.

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The IP Law Blog

MARCH 2, 2023

According to Getty Images, Stability copied Getty’s photographs with associated text and metadata to train its Stable Diffusion model, which uses AI to generate computer-synthesized images in response to text prompts. According to Getty, this is clear copyright infringement. Goldsmith case that is currently before the Supreme Court.

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IPilogue

OCTOBER 26, 2021

Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. copyright law. Photo by Intepat ( INTEPAT ). Oracle appealed successfully.

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The IP Law Blog

SEPTEMBER 22, 2023

A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can avoid similar lawsuits in a post-Warhol world on this episode of The Briefing.

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IPilogue

NOVEMBER 30, 2022

Claire Wortsman is an IPilogue Senior Editor and a 3L JD Candidate at Osgoode Hall Law School. On November 9, IP Osgoode, Reichman University and Microsoft hosted the first in-person Bracing for Impact Conference since 2019. Copyright law protects and should continue to protect communicative and dialogical spaces.

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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.

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