Hugh Stephens Blog

JANUARY 31, 2024

Photo: Author A couple of recent cases in the US involving (mis)appropriation of copyrighted photographs indicate the tide may be changing with respect to the interpretation of what constitutes fair use, moving from a very liberal interpretation of “transformation” that has been used in recent years to justify unauthorized reproduction of copyrighted (..)

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Dear Rich IP Blog

APRIL 9, 2024

From everything I've researched, all the images in the book should come under fair use. Polar interrogatives work well in psychology tests , congressional hearings , and wedding vows , but they're not suitable for analyzing fair use. That said, we think you are likely to prevail in a fair use dispute.

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The Illusion of More

MARCH 1, 2024

Thus ends the 12th Annual Fair Use Week, and after the Warhol decision, it must be asked whether the parties who invented this holy week of the copyleft intend to continue the farce much longer. As a refresher, the fair use doctrine has been part of the U.S. appeared first on The Illusion of More.

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The Illusion of More

JANUARY 15, 2024

When these headlines are paired with the rampant assertions that ML is inherently fair […] The post “Fair Use” is Not a Great Business Plan appeared first on The Illusion of More.

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The Illusion of More

DECEMBER 1, 2023

Goldsmith restored what many of us view as common sense to the fair use doctrine of transformativeness, the flurry of litigation against AI developers will test the same principle in a different light.

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The Illusion of More

JANUARY 26, 2024

Yesterday, New York federal judge Sidney Stein ruled that Richard Prince, one of the most famous appropriation artists in the world, infringed the copyright rights of photographers Donald Graham and Eric McNatt by using their works in the controversial “New Portraits” series.

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IP Watchdog

JANUARY 29, 2024

The two nearly identical final judgments were entered in favor of the photographer plaintiffs’ claims that Prince and the exhibiting galleries willfully infringed on their photographs, and the court dismissed all the defenses raised – including the fair use defense – with prejudice.

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TorrentFreak

DECEMBER 18, 2023

Mass Copyright Infringement or Fair Use? The Internet Archive wholeheartedly disagreed with the copyright infringement allegations; it offers a vital service to the public, the Archive said, as it built its legal defense on protected fair use. The library argues that the court erred by rejecting its fair use defense.

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Creative Law Center

APRIL 10, 2021

Fair use guidelines are evolving. The post New Fair Use Guidelines: the Defense Narrows appeared first on Creative Law Center. You can't just slap your style on someone else's creative work and call it transformative.

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The Illusion of More

APRIL 2, 2024

Most of the program is devoted to […] The post Decoder podcast: AI could go extinct because fair use is whimsical appeared first on The Illusion of More. The article summarizes a new Decoder podcast hosted by Nilay Patel, joined by Sarah Jeong to discuss the copyright lawsuits filed against generative AI developers.

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IP Watchdog

FEBRUARY 1, 2024

As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of free speech and creative works.

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Copyright Alliance

MAY 19, 2023

Yesterday, the Supreme Court, in a 7-2 opinion written by Justice Sonia Sotomayor, found that the purpose and character of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s photograph […] The post Landmark Warhol Decision Reins in Transformative Fair Use appeared first on Copyright Alliance.

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The Illusion of More

AUGUST 8, 2022

I understand pursuing a fair use defense in a copyright case when the user of a work does something new and creative and believes there is a plausible argument to be made. I also understand why copyright skeptics file amicus briefs seeking opinions that would change the fair use doctrine.

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JD Supra Law

MARCH 28, 2024

The US Court of Appeals for the Second Circuit affirmed a district court’s grant of summary judgement to a luxury-watchmaker defendant, holding that its use of a registered and incontestable trademarked term was fair use because it was used descriptively and in good faith. Solid 21, Inc. Breitling U.S.A.,

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IP and Legal Filings

NOVEMBER 22, 2023

Nominative fair use of a trademark is a legal doctrine that can be used as a defence in some types of trademark infringement cases. Following are the measures to be taken care of while taking nominative fair use as a defence – The use of the registered trade mark was bonfide. No sponsorship or endorsement.

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Likelihood of Confusion

MARCH 10, 2023

The continuum of defenses to claims sounding in trademark that runs from free speech, through fair use to nominative fair use is a longtime topic of interest around here, from. The post Domain names and fair use appeared first on LIKELIHOOD OF CONFUSION™.

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Likelihood of Confusion

SEPTEMBER 28, 2022

We’re a little obsessed here with the rights of “unauthorized” resellers to use the trademarks that describe the stuff they’re reselling. So this UK domain name decision strikes us as. The post Beyond fair use appeared first on LIKELIHOOD OF CONFUSION™.

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Copyright Alliance

NOVEMBER 30, 2023

This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance. As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law.

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JD Supra Law

APRIL 11, 2024

Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the defendants.

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JD Supra Law

FEBRUARY 9, 2024

6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news organization did not alter or add any new expression required to overcome the requirements for…. Court of Appeals for the Fourth Circuit ruled on Feb.

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Copyright Alliance

FEBRUARY 27, 2024

In May of last year, the Supreme Court handed down its much-anticipated fair use decision in Andy Warhol Foundation v. At the […] The post Fair Use in a Post-Warhol World: Part I appeared first on Copyright Alliance. Goldsmith (referred to as Warhol throughout this blog).

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The Illusion of More

FEBRUARY 23, 2023

Both cases allege infringing use of large […] The post Why Machine Training AI with Protected Works is Not Fair Use appeared first on The Illusion of More. In the U.S., a class-action was filed by visual artists against DeviantArt, Midjourney, and Stability AI; and in the UK, Getty Images is suing Stability AI.

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TorrentFreak

SEPTEMBER 28, 2023

Among its arguments to dismiss the claims, the AI company cited fair use. It argued that the use of large amounts of copyrighted texts could be seen as ‘fair’ because it helps to facilitate progress and innovation. “Fair use, of course, is an important—yet limited—feature of U.S. copyright law. .

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The Illusion of More

JUNE 8, 2023

Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious).

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Copyright Lately

AUGUST 14, 2023

Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Among other things, the court held that there was a factual dispute as to whether or not defendants’ purpose in using Sedlik’s image of Miles Davis was “commercial.”

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Copyright Alliance

FEBRUARY 29, 2024

Goldsmith opinion was […] The post Fair Use in a Post-Warhol World: Part II appeared first on Copyright Alliance. In part one of this blog, we looked at a number of photography and documentary film copyright cases that have been decided since the Andy Warhol Foundation v.

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Technology & Marketing Law Blog

FEBRUARY 25, 2024

The court finds fair use. Purpose and Character of Use. Both aspects can have significant implications for fair use. 22, 2024) The post Reaction Videos Are Fair Use–Thiccc Boy v. Swindelle made and posted reaction videos to YouTube that included portions of Thiccc Boy’s podcasts.

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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. Andy Warhol Foundation v.

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Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? Publication of the photo in your book may qualify as fair use if it provides commentary , expresses ideas “beyond what [the [photographer] expressed in his photographs," or disputes or makes fun of the imagery. When ruling on fair use, courts consider four factors.

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Kluwer Copyright Blog

JUNE 5, 2023

Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). Goldsmith, 11 F.4th 4th 26 (2d Cir. 2021) (available here ) In March 2022 the U.S.

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Likelihood of Confusion

SEPTEMBER 16, 2021

First, this vintage LOC item: Fred von Lohmann of the EFF calls out YouTube: Fair use has always been at risk on YouTube, thanks to abusive DMCA takedown notices sent. The post The “Fair Use Massacre” (updated) appeared first on LIKELIHOOD OF CONFUSION™.

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The IP Law Blog

MAY 25, 2023

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. In a closely watched copyright case, the U.S.

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Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use. Continue reading

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The Illusion of More

OCTOBER 9, 2022

The post On Posting Fair Use Notices in Creative Projects appeared first on The Illusion of More. So, when the store presses charges, the defendant’s attorney is probably not going to say, “But the tee shirt your honor! Did you read the tee shirt?” It’s not a perfect analogy. But this […].

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Technology & Marketing Law Blog

FEBRUARY 12, 2024

This is what I call a “commercial editorial use”–ad-supported editorial content. Courts routinely split on whether commercial editorial use is commercial for fair use purposes. 6, 2024) The post Fourth Circuit Issues a Bummer Fair Use Ruling–Philpot v. Case citation : Philpot v.

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JD Supra Law

FEBRUARY 16, 2024

The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the author’s required attribution language was not otherwise “fair use.” 21-2021 (4th Cir.

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IPilogue

MAY 26, 2022

An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence. Under section 107 , fair use allows persons to use parts of a copyright protected work without permission for limited purposes. The fair use defence is rarely used in music sampling cases.

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