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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Copyright Alliance

MAY 23, 2023

Copyright Office, was one of five witnesses who testified before the House Judiciary Committee’s IP Subcommittee hearing, […] The post Former Copyright Office GC Warns Against Blanket Assertions That AI Ingestion of Copyrighted Works ‘Is Fair Use’ appeared first on Copyright Alliance.

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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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IP Watchdog

AUGUST 9, 2022

The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. The Ninth Circuit found that all of the fair use factors weighed against a determination that Pub Ocean’s unlicensed use of the photographs were transformative. Pub Ocean Ltd.

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The Illusion of More

APRIL 7, 2022

On March 18th, Senators Tillis and Leahy of the IP Subcommittee introduced the SMART Copyright Act. The post Addressing Fair Use Rhetoric in Debate Over SMART Act appeared first on The Illusion of More. For a detailed description […]. For a detailed description […].

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IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

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The IP Law Blog

JULY 9, 2021

They provide a recap of last week’s episode , which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. Watch the episode on YouTube at this link.

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IP Law 360

AUGUST 24, 2022

The Ultimate Fighting Championship's new lawsuit over a documentary on mixed martial arts fighter Michael Bisping is the latest court case to grapple with the question of when filmmakers in the genre can incorporate copyrighted material in the name of fair use.

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IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Unbeknownst to Ms.

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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.

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The IP Law Blog

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. Watch this episode on the Weintraub YouTube channel here.

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IP Watchdog

DECEMBER 12, 2021

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”

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IP Law 360

OCTOBER 12, 2022

Supreme Court's own pop culture tastes, as the justices on Wednesday grappled with arguments on how the courts should decide when an artwork qualifies as fair use. A copyright battle over Andy Warhol's portraits of music icon Prince has revealed some of the U.S.

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IP Law 360

MARCH 14, 2024

fairly used the phrase "red gold" to describe the color of its products after a California jeweler with a 2003 trademark registration battled the Swiss watchmaker over its use of the phrase. A split Second Circuit panel on Thursday affirmed a Connecticut federal judge's decision that Breitling USA Inc.

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IP Law 360

MAY 12, 2022

A sketch comedy group on Thursday successfully convinced a New York federal judge that its play "Vape: The Musical" is a parody of the film version of the musical "Grease" and is therefore protected under copyright law's fair use doctrine.

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JD Supra Law

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. By: Weintraub Tobin

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LexBlog IP

JUNE 16, 2023

Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on this episode of The Briefing by the IP Law Blog. Supreme Court ruled in Andy Warhol Foundation v. Watch this episode on the Weintraub YouTube channel here.

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IP Law 360

AUGUST 12, 2022

Supreme Court should establish a clear standard for fair use in a copyright battle over Andy Warhol artwork based on a photo of musician Prince, arguing it's a chance for the court to spell out what counts as a transformative work. The head of the American Bar Association's copyright division said Friday that the U.S.

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LexBlog IP

SEPTEMBER 25, 2023

Fair Use needs to be more predictable. Here is a quick list of 5 items that should be considered “fair use” under the copyright laws. This should be codified as a “Fair Use Bill of Rights.” using a short 5-second audio or video clip, sound effect, music clip, etc.)

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IP Law 360

OCTOBER 20, 2022

Apple will argue next week at the Eleventh Circuit that a judge wrongly held that a startup's "virtual" version of Apple's iPhone to detect bugs is covered by copyright law's fair use doctrine, a fight that digital rights groups are closely watching.

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TorrentFreak

AUGUST 20, 2022

But there’s a corporate side to the UFC that’s much less palatable and, in many cases, highlights the company’s absolute reliance on the exploitation of IP rights. Whether a fair use conversation actually took place is unclear, but the UFC says the strategy won’t work here.

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IP Law 360

DECEMBER 9, 2022

Supreme Court to take up his dispute with a copyright holder over a French court's €2 million infringement judgment regarding photos of artist Pablo Picasso's work, arguing that the Ninth Circuit parted ways with its sister circuits when it determined that his use of the photos didn't count as fair use.

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IP Watchdog

MARCH 28, 2022

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. Goldsmith, Lynn, et. a case that asks the High Court to review a decision of the U.S.

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LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

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IP Law 360

MAY 19, 2023

Goldsmith narrows the scope of what qualifies as fair use, seemingly backtracking on nearly two decades of precedent, it does not close the door to appropriation art altogether, say Joshua Schiller and Benjamin Margulis at Boies Schiller. While the recent U.S. Supreme Court opinion in Andy Warhol Foundation v.

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IP Law 360

FEBRUARY 6, 2024

A news website's publication of a Ted Nugent photograph that went with an article titled "15 Signs Your Daddy Was a Conservative" was not fair use, the Fourth Circuit concluded in a published opinion Tuesday, saying the Independent Journal Review did not add new meaning to the image.

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IP Tech Blog

MARCH 28, 2023

Even though the Internet Archive and participating libraries purchased print copies of the books and, for the most part, made them available to borrowers on a one-to-one basis, the court rejected the Internet Archives’ fair use defense. The court also rejected Internet Archives arguments that its use was entirely non-commercial.

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IP and Legal Filings

DECEMBER 14, 2021

The United States Court of Appeal for the Second Circuit ruled that the use of Lynn Goldsmith’s 1981 photograph was not fair use by Andy Warhol’s image of a musical artist. Favoring the AWF, the district court granted summary judgment to AWF for its claim of fair use, and the counterclaim of Goldsmith and LDL was dismissed.

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IP Law 360

MARCH 22, 2023

A Tenth Circuit panel had tough questions on Wednesday for Netflix over whether copyright law's fair use protections cover the streaming giant's hit show "Tiger King" and its use of YouTube video footage that showed the funeral of Travis Maldonado, the husband of the show's star, Joe Exotic.

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

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IP Law 360

FEBRUARY 7, 2023

Legal services company ROSS Intelligence has fallen short of showing that it engaged in fair use when it created a database that Thomas Reuters alleges illegally used its law database, Westlaw, without permission or compensation, the media conglomerate argued to a Delaware federal court in a filing.

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

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Managing IP

NOVEMBER 26, 2021

Academics and publishers demand lawmakers take a balanced approach when amending the fair use provision of India’s Copyright Act

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Dear Rich IP Blog

AUGUST 7, 2021

Dear Rich: Does the reproduction of copyrighted material in a grant proposal constitute fair use? Under most of the scenarios you mention, the reproductions would probably constitute fair use. The four factors are: the purpose and character of the use. the amount and substantiality of the portion used.

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LexBlog IP

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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LexBlog IP

JANUARY 12, 2024

fair use) must be evident from the face of the complaint. Here, while defendant’s own mark prominently appeared alongside plaintiff’s mark on its packaging, whether this was fair use could not be determined at the 12b6 stage. SDNY: For purposes of a MtD, Defendant’s affirmative defenses (e.g.

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LexBlog IP

MAY 22, 2023

This high-profile case hinged on whether Warhol’s images of Prince meaningfully transformed Goldsmith’s original black and white photo so as to create a new work of art protected by the fair use doctrine. SCOTUS held that Warhol’s images did not constitute fair use.

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