Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. Those have been sold and also reproduced in various forms in ways that go well beyond the original license. by Dennis Crouch. 17 U.S.C. §

Fair Use 117

Fair Use Art Licensing Publishing 117

TorrentFreak

MARCH 25, 2024

Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement.

Publishing 141

Publishing Copyright Fair Use Intellectual Property Law 141

TorrentFreak

NOVEMBER 16, 2021

The company demanded damages under copyright law claiming that the team “willfully and maliciously” copied, adapted and distributed its source code and other content without permission. Affirmative Defense – Fair Use. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

Fair Use 145

Fair Use Copying Copyright Copyright Law 145

JD Supra Law

MAY 25, 2023

Last week, the Supreme Court issued a long-awaited copyright fair use decision in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al.

Fair Use 52

Fair Use Copyright Law Art Licensing 52

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. Goldsmith et al, Case No.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

Velocity of Content

OCTOBER 19, 2023

On this day in 1976, President Gerald Ford signed the “new” US Copyright Act. The culmination of a decades-long effort, and well before the Digital Millennium Copyright Act and Copyright Term Extension Act were passed in 1998, the 1976 Copyright Act ushered in a new era of copyright law in the United States.

Copyright 116

Copyright Fair Use Copyright Law Copyright Notice 116

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

Nelligan Law

FEBRUARY 20, 2024

As tattoo artists draw inspiration from a plethora of sources, ranging from classical art to pop culture icons, questions of ownership, originality, and copyright infringement have commandeered the spotlight in the tattooing arena. At the crux of both cases lies the conundrum of copyright ownership and infringement.

Copyright 81

Copyright Fair Use Copyright Law Settlement 81

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

TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.”

Copyright 117

Copyright Derivative Work Fair Use Reporting 117

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

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].

Fair Use 97

Fair Use Derivative Work Art Licensing 97

TorrentFreak

DECEMBER 22, 2023

Internet Archive The self-scanning service is different from the licensing deals other libraries enter into. Publishers Hachette, HarperCollins, John Wiley, and Penguin Random House filed a lawsuit, equating IA’s controlled digital lending (CDL) operation to copyright infringement.

Copyright 118

Copyright Fair Use Publishing Marketing 118

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.

Copyright Infringement 122

Copyright Infringement Copyright Social Media Fair Use 122

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. Goldsmith et al, Case No.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

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.

Copyright 98

Copyright Copyright Law Copyright Infringement Government 98

The IP Law Blog

MARCH 2, 2023

Getty Images alleges that Stability’s actions constitute copyright infringement, false copyright management information, removal or alteration of copyright management information, trademark infringement, unfair competition, trademark dilution, and deceptive trade practices under Delaware law.

Copyright Infringement 104

Copyright Infringement Copyright Fair Use Technology 104

TorrentFreak

FEBRUARY 22, 2024

Several record labels including Sony and UMG, sued the Internet Archive for copyright infringement in Manhattan federal court last year. The motion is centered around the statute of limitations but IA also stressed the importance of their archiving efforts, hinting that it would be eligible for a fair use defense.

Copying 106

Copying Licensing Fair Use Cease and Desist 106

JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

Art 52

Art Copyright Law Fair Use Copyright 52

Plagiarism Today

MAY 31, 2022

1: Pinterest Prevails in Photography Copyright Dispute. However, the court has ruled that Pinterest is protected by the Digital Millennium Copyright Act (DMCA), which protects services that host content uploaded by users. 2: Amendment Passes to Grant Teachers Fair Use of Copyrighted Work Remotely.

Fair Use 208

Fair Use Reporting Plagiarism Copyright 208

TorrentFreak

AUGUST 6, 2021

People who post copyrighted videos to sites like YouTube need to ensure they have the necessary rights to do so. This can include uploads with appropriate licensing or content posted within the guidelines of ‘fair use’, including criticism or parody, for example. ” Why the Videos Are Of Interest to IWUF.

Copyright Law 145

Copyright Law Government Copyright Law 145

IPilogue

OCTOBER 26, 2021

The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021. copyright law. It is arguably, as Stanford law professor Mark Lemley coined it, “ the copyright case of the century. ” . Oracle appealed successfully.

Copyright Infringement 111

Copyright Infringement Copyright Fair Use Settlement 111

Copyright Lately

JANUARY 23, 2024

A federal jury is set to decide whether celebrity tattoo artist Kat Von D infringed photographer Jeff Sedlik’s copyright in a Miles Davis portrait by tattooing the image onto her client’s body. A first-of-its-kind copyright infringement trial is scheduled to begin today in Los Angeles. The Good, the Bad and the.

Social Media 140

Social Media Fair Use Copyright Infringement Copying 140

Traverse Legal Blog

SEPTEMBER 12, 2023

This text discusses the basics of copyright and how it applies to artificial intelligence (AI). It highlights the importance of understanding copyright laws when using data for AI training or generating content. See Traverse Legal’s Copyright page.) (See Traverse Legal’s Copyright page.)

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Technology & Marketing Law Blog

JUNE 2, 2022

Can tattoos infringe copyrights, and if yes, what remedies are appropriate? This is a venerable question–I remember evaluating it as a possible law review note topic 30+ years ago. ” As for whether the tattoo is substantially similar to the copyrighted elements of the photo, the court sends the issue to the jury.

Copyright 142

Copyright Social Media Fair Use Licensing 142

LexBlog IP

SEPTEMBER 12, 2023

This text discusses the basics of copyright and how it applies to artificial intelligence (AI). It highlights the importance of understanding copyright laws when using data for AI training or generating content. See Traverse Legal’s Copyright page.) (See Traverse Legal’s Copyright page.)

Copyright 52

Copyright Fair Use Copyright Law Intellectual Property 52

Plagiarism Today

AUGUST 2, 2021

1: Manhattan Judge Rejects ‘Server Test’ for Internet Copyright Infringement. District Court Judge Jed Rakoff has issued a controversial ruling denying the “server test” of copyright law and ruling that embedding images can be an infringement of copyright law. ” As such, Warner Bros.,

Copyright Infringement 246

Copyright Infringement Copyright Law Reporting Licensing 246

Olartemoure Blog

JANUARY 18, 2023

In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince. He used a cropped photo based on one of Goldsmith’s images to create his artwork. There was no image copyright credit or compensation to Lynn Goldsmith.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. Vanity Fair licensed one of Goldsmith’s Prince photographs to use in a Vanity Fair article.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

Patently-O

SEPTEMBER 1, 2023

by Dennis Crouch Generative Artificial intelligence (GenAI) systems like MidJourney and ChatGPT that can generate creative works have brought a wave of new questions and complexities to copyright law. The Copyright Office’s inquiry is an attempt to respond to AI’s rapidly growing impact on creative industries.

Copyright 120

Copyright Copying Derivative Work Licensing 120

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. Very few jurisdictions expressly provide for copyright in computer-generated works.

Copyright 145

Copyright Art Fair Use Registration 145

Copyright Lately

SEPTEMBER 12, 2022

Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case. There’s a provision of the Copyright Act that provides a simple and straightforward defense to an entire category of infringement claims. 17 U.S.C. §

Copyright 97

Copyright Derivative Work Artwork Fair Use 97

Patently-O

OCTOBER 21, 2023

by Dennis Crouch Conventional wisdom in copyright law has been to presumptively treat all online content as protected by copyright. This approach has made sense because of the low originality standard for copyright protection. This emerging copyright-free realm poses both opportunities and challenges.

Copyright 67

Copyright Contracts Fair Use Copyright Law 67

Technology & Marketing Law Blog

AUGUST 12, 2021

Under the Copyright Act, display. The first question is whether embedding the video on Sinclair’s website was a “display” that requires the permission of the copyright owner. But it cannot be that the Copyright Act grants authors an exclusive right to display their work publicly only if that public is not online.”

Social Media 140

Social Media Copyright Fair Use Licensing 140

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. However, if such streaming of copyrighted music is done without obtaining license from the copyright holder, then it amounts to copyright infringement. the original owner of the work, for using his work, commercially.

Copyright Infringement 52

Copyright Infringement Music Moral Rights Copyright 52

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). 11 and 13 EUCFR , 19 UDHR , 27.1 UDHR, and 15.1

Copyright 124

Copyright Art Copyright Law Licensing 124

Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

Photographs are under the subject matter of copyright which means that photographs are artistic works that attract copyright protection. In India, photographs enjoy copyright protection under Section 2 (c) i of the Copyright Act, 1957 , which mentions the certain types of artistic works granted copyright protection in India.

Copyright Infringement 52

Copyright Infringement Editing Copyright Artistic Work 52