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How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Kluwer Copyright Blog

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. However, such uses must be licensed or be held unfair.

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Licensor Beware: Copyright Protections in Peril

IP Watchdog

Companies rely on copyright protections to shield their software, data sets, and other works that are licensed to their customers; however, a reframing of what constitutes a “transformative use,” and the extent a license can restrict such fair uses, may whittle away all avenues of protections.

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Welcome to the Multiverse: Derivative Works

LexBlog IP

Copyright ownership is often referred to as a “bundle of rights.” ” “Derivative Works” are exactly what they sound like – new copyrightable works of art based on some pre-existing material. First and foremost, grant third-parties the right to create derivative works sparingly.

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Copyright Office Issues NPRM to Correct MLC’s ‘Erroneous’ Dispute Policy on Post-Termination Blanket License Royalties

IP Watchdog

Copyright Office issued a notice of proposed rulemaking (NPRM) in the Federal Register to clarify the application of the derivative works exception to copyright termination rights within the context of blanket licenses administered under the Music Modernization Act (MMA). On October 25, the U.S.

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Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use

TorrentFreak

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.” When he copied and then rebroadcast the news report, that was copyright infringement. ” Freedom of Speech vs.

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Creative license

Likelihood of Confusion

David Donoghue reports on an interesting copyright issue blowing around Chicago, my home away from home: The Chicago Tribune‘s Ameet Sachdev reported that an ongoing copyright dispute may be coming to a head at the corner of Michigan Avenue and Randolph Street in Chicago, click here for the Tribune article.

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Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith

LexBlog IP

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!