Derivative Work, Fair Use, Litigation and Reporting

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S. Goldsmith , No. 569 (1994).

Fair Use

Fair Use Derivative Work Blogging Licensing

Let’s Go Hazy: Making Sense of Fair Use After Warhol

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. Goldsmith.

Fair Use

Fair Use Licensing Copying Artwork

Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

Fair Use

Fair Use Copying Copyright Infringement Technology

Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

SEPTEMBER 12, 2022

Deadly Doll’s theory was that by taking a photo of Shayk wearing clothes that included its artwork, Vila had created an unlawful derivative work that reproduced its copyrighted image. His main argument was that the photo couldn’t be considered an infringing derivative work simply because it captured Deadly Doll’s design.

Copyright

Copyright Derivative Work Artwork Fair Use

Cardozo A&ELJ symposium: Amy Adler Keynote and Warhol panel

43(B)log

FEBRUARY 16, 2024

Ushered in sea change in terms of how it was used in art cases. For years, those cases had determined fair use by focusing largely on whether the secondary work was transformative: new meaning or message. Conceptual work is beneath the surface of the work. Reasonably perceived: by whom?

Derivative Work

Derivative Work Fair Use Art Marketing

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

MARCH 15, 2021

Then, the post will predict how Netflix may shift its content practices, defense strategies, and settlement tactics as a result of their past litigation successes in copyright actions. 1] This blog will briefly summarize a few of the notable copyright infringement cases Netflix has defended against in the United States. SETTLEMENT CASES.

Copyright Infringement

Copyright Infringement Copyright Public Domain Derivative Work

Tattoo Artist’s Trial Win is a Loss for Bodily Autonomy, Free Speech

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. That $3,750 works out to a measly $71 for each month the case has been pending.

Fair Use

Fair Use Designs Design Licensing

Generative AI, Copyright and the AI Act

Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

Copyright

Copyright Fair Use Copyright Law Law

IPSC, Breakout Session 1: Copyright: Music & Authorship

43(B)log

AUGUST 11, 2022

Do other jurisdictions have litigation over editors/give © credit to editors? Also: what about derivative works? So how do you build in that to recognize contribution to singular work v. creation of derivative work. If objected to Trump use, 10% perceived support due to objection. Not available in ©.

Music

Music Copyright Ownership Derivative Work

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”?

Copyright

Copyright Blogging Publishing Fair Use

WIPIP Concurrent Session #5 Copyright & Culture

43(B)log

FEBRUARY 4, 2023

Lunney: benefits of © system may also include consumption of © works: attending theater, buying albums, books. Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v.

Copyright

Copyright Editing Settlement Music

The Good Get: Interviews, The Predicates Of Copyright Ownership, & Divorcing Subjects From Owning Copyright Content

LexBlog IP

JANUARY 10, 2024

Still, it seems strange that Woodward, a reporter, would argue that the interviews are somehow government works. It is strange because that would mean that the unpublished portions would also be government works available for public use. So what do you do as a reporter? ” Trump Responding Brief at 5. .”

Ownership

Ownership Copyright Government Intellectual Property

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Technology & Marketing Law Blog

AUGUST 1, 2023

Copyright Act grants authors five exclusive rights: “to reproduce the copyrighted work in copies or phonorecords”, “to prepare derivative works based on the copyrighted work,” “to distribute copies or phonorecords of the copyrighted work to the public,” “to perform the copyrighted work publicly,” and “to display the copyrighted work publicly.”

Blogging

Blogging Copying Social Media Copyright

NFT Update: 5 Recent Lawsuits Show a Glimpse into Future Legal Battles Involving NFTs

LexBlog IP

APRIL 13, 2022

As previously reported on this blog , non-fungible tokens (or “NFTs”) recently emerged as one of the hottest new items on the art market—artists, auction houses, museums, sports organizations and others have jumped at the chance to create and sell their own versions of these unique tokens. 53]. * * *. 1]. Roc-A-Fella Records Inc.

Non-Fungible Tokens

Non-Fungible Tokens Social Media Contracts Branding

Intellectual Property Pulse

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Trending Sources

Transformation or Derivation: Modern Trends in the Fair Use Doctrine from Software to Photography

Deadly Dolls and a Forgotten Copyright Exception

Cardozo A&ELJ symposium: Amy Adler Keynote and Warhol panel

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

Tattoo Artist’s Trial Win is a Loss for Bodily Autonomy, Free Speech

Generative AI, Copyright and the AI Act

IPSC, Breakout Session 1: Copyright: Music & Authorship

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

WIPIP Concurrent Session #5 Copyright & Culture

The Good Get: Interviews, The Predicates Of Copyright Ownership, & Divorcing Subjects From Owning Copyright Content

Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

NFT Update: 5 Recent Lawsuits Show a Glimpse into Future Legal Battles Involving NFTs

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