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

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.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

LexBlog IP

AUGUST 4, 2023

. “Ultimately the dispute at issue was: does Prince made by Warhol, is that a fair use in the context of being used on the Vanity Fair magazine when compared to the original photograph?” one of the copyright rights is the right to prepare derivate works (e.g.,

Art 52

Art Fair Use Derivative Work IP 52

IP Tech Blog

AUGUST 4, 2023

“Ultimately the dispute at issue was: does Prince made by Warhol, is that a fair use in the context of being used on the Vanity Fair magazine when compared to the original photograph?” “The The Idea of copyright is actually a bundle of different rights… one of the copyright rights is the right to prepare derivate works (e.g.,

Art 52

Art Fair Use Derivative Work Blogging 52

LexBlog IP

JUNE 2, 2023

When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

Fair Use 52

Fair Use Derivative Work Copying Licensing 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]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

LexBlog IP

JUNE 5, 2023

The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. The magazine credited Goldsmith for the “source photograph”: 1984 Article, which had two Lynn Goldsmith attributions. Syllabus) at 4.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

IP Intelligence

JUNE 7, 2023

At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. For example, Goldsmith licensed her photographs of Prince to illustrate stories about Prince in magazines such as Newsweek, Vanity Fair, and People.”

Fair Use 106

Fair Use Licensing Music Art 106

43(B)log

FEBRUARY 16, 2024

Achieve a purpose that is the same as or highly similar to the original work=more likely to substitute for or supplant the original work. Magazine photos about Prince” is the market in which they compete. Q: how does the antitrust view handle the derivative works right?] Hierarchy: derivative works trump fair use?

Derivative Work 59

Derivative Work Fair Use Art Marketing 59

LexBlog IP

MAY 25, 2023

In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

43(B)log

FEBRUARY 2, 2024

Counterclaim alleged that WF infringed by reproducing, publicly displaying, commercially licensing, and distributing the image, and by incorporating the photo into unauthorized derivative works. The difference b/t Justice Story’s © and today: the derivative work right: why would substitution be the core problem?

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49

LexBlog IP

MAY 31, 2023

Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference. Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

Fair Use 52

Fair Use Licensing Copyright Editing 52

LexBlog IP

MAY 22, 2023

The Use Upon Prince’s death in 2016, Condé Nast (the parent company of Vanity Fair ) ran a commemorative feature on Prince and used another Warhol-based-on-Goldsmith work. Apparently, Warhol had created an entire series of 15 other works of pop art using Goldsmith’s initial photograph.

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

LexBlog IP

MAY 19, 2023

Vanity Fair commissioned Andy Warhol to create a silkscreen using Goldsmith’s image and used Warhol’s piece in the magazine with attribution as promised. However, Andy Warhol would go on to create 15 additional works using the Goldsmith photograph, now known as the artist’s “Prince Series.”

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Third, this case has the capacity to shine more light into the relatively murky difference between transformative fair uses and infringing derivative works.

Fair Use 98

Fair Use Derivative Work Licensing Art 98

43(B)log

FEBRUARY 4, 2023

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. Dct considered it an all new work. Licensed for use in magazines and don’t care; still fair use.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

LexBlog IP

MAY 19, 2023

” Thus, being licensed for different magazine articles, “the original photograph and AWF’s copying use of it share substantially the same purpose. ” The Court noted that the “bundle of exclusive rights” granted to a copyright holder includes rights to produce “derivative works.”

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

Kluwer Copyright Blog

MAY 9, 2022

Vanity Fair decided to publish an article about the rock singer Prince in a 1984 magazine. Vanity Fair then commissioned Andy Warhol to prepare an art work of Prince to accompany the article and supplied him with the Goldsmith photograph as a source material. The Court will review that decision in the fall of 2022.

Fair Use 128

Fair Use Derivative Work Art Licensing 128

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

Plagiarism Today

SEPTEMBER 28, 2022

The publishing world was different then, and both The Shadow and Batman existed at the time when pulp magazines were at their peak of popularity. If this took place in 2022, there’s little doubt that Kane and Finger would be called out as plagiarists and likely become pariahs in the comic community. But, it didn’t happen in 2022.

Plagiarism 191

Plagiarism Copying Publishing Derivative Work 191

LexBlog IP

JUNE 7, 2023

At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. For example, Goldsmith licensed her photographs of Prince to illustrate stories about Prince in magazines such as Newsweek, Vanity Fair, and People.” ” See 143 S.

Fair Use 52

Fair Use Licensing Music Art 52

Copyright Lately

MAY 22, 2023

Meanwhile, by the time the case reached the Court, photographer Lynn Goldsmith had limited her challenge to AWF’s act of licensing Warhol’s work to Condé Nast for use in a magazine commemorating Prince’s death. Put another way, it ain’t what you do, it’s the way that you do it.

Fair Use 92

Fair Use Licensing Copying Artwork 92

LexBlog IP

JULY 7, 2023

In 1984, photographer Lynn Goldsmith granted Vanity Fair a “one time” license to her photograph of the late musician as “an artist reference for an illustration,” and Warhol used Goldsmith’s photograph to make a silkscreen illustration for the magazine. Many derivative works.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Kluwer Copyright Blog

JULY 16, 2023

.” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? 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.

Blogging 52

Blogging Law IP Fair Use 52

IP Intelligence

JUNE 6, 2023

At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. For example, Goldsmith licensed her photographs of Prince to illustrate stories about Prince in magazines such as Newsweek, Vanity Fair, and People.”

Fair Use 40

Fair Use Licensing Music Art 40

Copyright Lately

MARCH 6, 2023

The plaintiff is also asking the court to enjoin Coakley’s Director Statements and nascent “making of Runt ” film project, claiming that when Coakley sold Runt , he also sold the copyright to any of his future works related to Runt as well. Are Coakley’s Materials Infringing Derivative Works or Protected Fair Use?

Copyright 79

Copyright Derivative Work Fair Use Social Media 79

LexBlog IP

FEBRUARY 28, 2022

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series. at 36, 43. [14]

Fair Use 97

Fair Use Derivative Work Art Licensing 97

The IPKat

JANUARY 23, 2023

The cross-media creative franchise (think "Wonder Woman", from comics to film), is the apotheosis of the commercial potential of derivative works within the copyright system. Here, there, and everywhere, the celluloid adaptation of previously created contents is so 21st century. As Langlois is reported to have said—"There is no Garbo!

Derivative Work 52

Derivative Work Cinema Copying Art 52

Trademark and Copyright Law Blog

FEBRUARY 1, 2021

In 2021, we have arrived at the moment of free access to works published in 1925, the midpoint of the Roaring Twenties. This year brought us Ernest Hemingway’s first book, In Our Time , Virginia Woolf’s Mrs. Dalloway , the debut of The New Yorker magazine, and, of course, F. the exclusive right to their respective writings.”

Public Domain 52

Public Domain Trademark Copyright Registration 52

Copyright Lately

AUGUST 14, 2023

.” Focusing on the tattoo itself, defendants argue that “[t]he specific challenged use—a non-commercial tattoo hand-inked on the arm of Kat Von D’s friend—is nothing like the copyrighted use, a photograph licensed to be used in a magazine article about Miles Davis.”

Fair Use 87

Fair Use Social Media Licensing Marketing 87

Patently-O

OCTOBER 11, 2022

As part of that process, the magazine obtained a license from Goldsmith, but only for the limited use as an “artists reference” for an image to be published in Vanity Fair magazine. One reason why the magazine knew to reach-out to Goldsmith was that her photos had also previously been used as magazine cover-art.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

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. In the 1981 case of Falwell v.

Copyright 52

Copyright Copyright Infringement Publishing Derivative Work 52

LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

Copyright 52

Copyright Social Media Plagiarism Fair Use 52

LexBlog IP

JANUARY 10, 2024

Newsweek Magazine (split copyright) , and she therefore calls for greater specificity and uniformity of approach. As Professors Post and Rothman described it (at 106 and fn. ” As Mary Catherine Amerine observed in her article Wrestling Over Republication Rights: Who Owns The Copyright Of Interviews? Random House, Inc.

Ownership 52

Ownership Copyright Government Intellectual Property 52

Technology & Marketing Law Blog

FEBRUARY 13, 2023

1981), which involved two interviews of the Reverend Jerry Falwell in 1980 that were published in Penthouse Magazine in March 1981. Moreover, Trump seeks a declaration “that he owns the Interview Sound Recordings, Audiobook, and Derivative Works in full and therefore is entitled to all revenues arising from the exploitation of such works.”

Copyright 118

Copyright Blogging Publishing Fair Use 118

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. In the 1981 case of Falwell v.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98