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. ” Goldsmith’s photograph was then licensed to Vanity Fair in 1984 for $400 as a “one time” “artist reference for an illustration.”

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Fair Use Art Derivative Work Copyright Infringement 52

Copyright Lately

AUGUST 2, 2022

Netflix’s reaction to “The Unofficial Bridgerton Musical” was hailed by the fan fiction community, a group which has historically faced a tenuous relationship with the owners of the intellectual property that serves as inspiration for their work. First, as far as copyright cases go, this one’s easy.

Music 102

Music Derivative Work Fair Use Cease and Desist 102

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music.

Fair Use 105

Fair Use Licensing Music Art 105

Velocity of Content

MARCH 16, 2023

It is somehow different from the right to make transformative derivative works (where the word “transformed” is used in Section 101 ) such as film adaptations of books, which clearly require copyright owner consent. 3:22-cv-06823 – Whither transformative? is being used as code. Case 2- Anderson, et al. v Stability A.I. Ltd, et al.-

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Litigation Fair Use Copying Derivative Work 98

The IPKat

JANUARY 18, 2023

Over the past several months, there has been an lively debate regarding the possibility of granting copyright protection to images created with AI systems (see this IPKat post here ), particularly after that various products (like for example Midjourney ) have been released on the market letting people easily create images through AI software.

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Artwork Contracts False Advertising Art 81

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. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

MAY 19, 2023

In 1984, Goldsmith licensed the copyrighted photograph for $400—for publication “one time”—to Vanity Fair, who hired Andy Warhol to make a purple silk screen image based on the photograph, which Vanity Fair published in an article about Prince. of a commercial nature. .” of a commercial nature.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

The IP Law Blog

JULY 6, 2023

The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works. Otherwise, “transformative use” would swallow the copyright owner’s exclusive right to prepare derivative works….” But what about the fourth factor, market harm?

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Fair Use Derivative Work Copying Licensing 52

LexBlog IP

JULY 6, 2023

The Warhol court focused significantly on balancing the first fair use factor against the copyright owner’s right to create derivative works. Otherwise, “transformative use” would swallow the copyright owner’s exclusive right to prepare derivative works.”

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Fair Use Derivative Work Copying Licensing 52

IP Tech Blog

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. What is the intellectual property right that most suits NFTs?

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IP Ownership Non-Fungible Tokens Copyright Law 109

LexBlog IP

MAY 31, 2023

The decision was limited to AWF’s commercial licensing of a silkscreen image of Prince, based on Goldsmith’s underlying photograph, to Condé Nast. Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference.

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Fair Use Licensing Copyright Editing 52

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” Andy Warhol Foundation for Visual Arts, Inc. ” Id.

Fair Use 52

Fair Use Licensing Music Art 52

Technology & Marketing Law Blog

OCTOBER 19, 2021

Plaintiffs want and expect Google to copy and display their websites in Chrome browser and Search App, and acknowledge that Google has license to do so.” We need to know more about this license. It seems like this license could be dispositive to the case, but the court doesn’t explore it more. ” Wait, what?

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Licensing Copyright Contracts Advertising 92

LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v. .

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

IP Intelligence

JUNE 6, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music.

Fair Use 40

Fair Use Licensing Music Art 40

LexBlog IP

JANUARY 4, 2023

The challenge becomes even bigger if NFTs are to be commercialized, exploited, and protected in different jurisdictions and at the same time — particularly when those markets include China, where protection for a foreign NFT creator or exploiter may face unique challenges. What is the intellectual property right that most suits NFTs?

IP 52

IP Ownership Non-Fungible Tokens Copyright Law 52

Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. For investors, copyright has become a currency; users struggle with rights clearance (or ignore rights altogether); creators seek ever new ways to the market.

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Copyright Public Domain Marketing Marketing 52

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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Fair Use Licensing Cease and Desist Derivative Work 130

Copyright Lately

MAY 1, 2023

sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. In his comments, Nash said that “Companies have to obtain permission and execute a license to use copyrighted content for AI training or other purposes.”

Music 85

Music Copyright Copying Copyright Law 85

Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Fair Use Derivative Work Blogging Licensing 97

Technology & Marketing Law Blog

AUGUST 1, 2023

It is certainly within the definition of chutzpah to publicly display your own work on the Internet, visible for anyone to see for free and without further conditions, and then to complain that others are helping people find your work by linking to it. Surely paid licensing should not have to work on an all-or-nothing basis.

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Blogging Copying Social Media Copyright 97

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Patently-O

DECEMBER 11, 2023

Substance of the Samuelson, Sprigman, Sag Reply Comments: We should begin by noting our appreciation for the FTC’s work enforcing both federal antitrust and consumer protection laws and helping to lead policy development in both areas. 2023-6 on August 30, 2023, calling for comments from interested parties addressing dozens of questions.

Copyright 96

Copyright Fair Use Copyright Law Copyright Infringement 96

The IP Law Blog

JUNE 15, 2023

Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. First, it primarily used them in connection with the display of properties listed for sale on Zillow’s site.

Copyright 98

Copyright Registration Licensing Derivative Work 98

Kluwer Copyright Blog

JULY 16, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Blogging 52

Blogging Law IP Fair Use 52

LexBlog IP

JUNE 15, 2023

Real estate brokers generally retain VHT to photograph properties they are attempting to sell and then edit the photos, save them in their electronic database, and deliver them to the client pursuant to a license agreement. VHT licenses the individual photos themselves, not the database, and the database itself is not published.

Copyright 52

Copyright Registration Licensing Designs 52

Kluwer Copyright Blog

JANUARY 18, 2023

As such, the exemption is reduced to a priority for individual licensing. VGG, an extended collective licensing mechanism, something which is set out as optional under EU law (see below). An exemption provision on the use of unavailable works was introduced into the German Copyright Act. d) Caricature, parody and pastiche.

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Copyright Related Rights Copyright Law Publishing 52

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. Copyright Claims: Roc-A-Fella Records Inc.

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Non-Fungible Tokens Social Media Contracts Branding 52

SpicyIP

OCTOBER 2, 2023

The Conundrum of Naked Licensing Naked Licensing, aka “You Snooze, You Lose.” ” Conceptually, a lack of quality control mechanism while licensing TMs can result in the license being regarded as a naked license and the mark being deemed abandoned. TIPS Industries Ltd.

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Licensing Trademark Intellectual Property IP 59

The IP Law Blog

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay.

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Copyright Copyright Infringement Publishing Derivative Work 98

LexBlog IP

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52