Dear Rich IP Blog

JANUARY 9, 2023

May I use it? Is it public domain or fair use? It's also possible that the police department has created its own policy and granted blanket permission for informational purposes, or that licensing only requires attribution. When ruling on fair use, courts consider four factors. Public domain? What to do?

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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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IP Watchdog

APRIL 10, 2024

For their part, some GenAI companies like OpenAI argue that there is no infringement, either because there is no “copying” of protected materials or that the copyright principle of fair use uniformly applies to generative AI activities. These arguments are deeply flawed and gloss over crucial technical and legal issues.

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Patently-O

APRIL 3, 2022

Apparently Vanity Fair commissioned Warhol to make an illustration for its 1984 article on Prince. As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” 17 U.S.C. §

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Technology & Marketing Law Blog

MARCH 30, 2022

The NY Post licensed the photo for its story, “ Why I won’t date hot women anymore.” The district court granted Mic’s motion to dismiss on fair use grounds. In a memo opinion, the Second Circuit affirms the fair use motion to dismiss. Nature of the Use. As a result, it sparked substantial criticism.

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TorrentFreak

AUGUST 20, 2022

Whatever happens, the UFC can put any fighter in a videogame 5,000 years from now and still have permission to use their likeness, complete with licensed tattoos. The reasoning behind these perpetual licenses goes beyond the UFC’s desire to grab most of the money. Bisping: The Michael Bisping Story. But not Score G.

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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, Andy Warhol not only used Ms. Goldsmith et al, Case No.

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Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. The second factor weighs slightly against fair use.

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43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

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TorrentFreak

JUNE 22, 2022

Since the speech attached to the photographs constituted fair use, there was no infringer to identify. In response Magistrate Judge Donna Ryu issued an order offering MrMoneyBags an opportunity to anonymously file evidence in support of Twitter and to argue that the photos were used on a fair use basis.

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc.

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Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

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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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JD Supra Law

MAY 22, 2023

21-869, analyzing the Copyright Act’s first fair use factor and affirming the Second Circuit’s ruling that the licensing of Andy Warhol’s adaptation of the respondent’s photograph of Prince to a print publication did not constitute fair use. Lynn Goldsmith et al., By: Skadden, Arps, Slate, Meagher & Flom LLP

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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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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] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

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LexBlog IP

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. Goldsmith et al, Case No.

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JD Supra Law

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. Dawn Jackson is a co-author of this post and is a Summer Associate at Bradley. By: Bradley Arant Boult Cummings LLP

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Biswajit Sarkar Copyright Blog

JUNE 23, 2022

Fair use; webinar recordings. In some situations, even if a person does not receive a licence from the copyright owners of the lectures that makes a webinar or their recording, for the use of lectures/recording does not constitute copyright infringement under Section 52.

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TorrentFreak

NOVEMBER 16, 2021

Affirmative Defense – Fair Use. Right off the bat, the defendants assert that anything they did in connection with their GTA 3 and Vice City projects were actions protected by fair use under the Copyright Act. The doctrine of fair use bars the relief sought by Plaintiff,” the response adds.

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JD Supra Law

MAY 23, 2023

On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based on respondent Lynn Goldsmith’s photograph of the artist Prince Rogers Nelson, better known simply as “Prince.”.

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IP Watchdog

MAY 18, 2023

Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. The Supreme Court ruled today in Andy Warhol Foundation v. that the U.S.

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JD Supra Law

MAY 25, 2023

In a 7-2 decision, the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo on which Warhol’s silkscreen was based, and therefore weighed against fair use.

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JD Supra Law

MAY 25, 2023

Last week, the Supreme Court issued a long-awaited copyright fair use decision in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al.

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IP Law 360

NOVEMBER 6, 2023

If courts do not find fair use to be an available defense for training large language models, then statutory licenses set forth in the Copyright Act's satellite and cable sections may provide potential standards for a multiwork, multistakeholder statutory license for generative AI purposes, says Gary Greenstein at Wilson Sonsini.

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

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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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Technology & Marketing Law Blog

APRIL 22, 2024

The jury needed only 90 minutes to determine that the defendants had proven their implied license defense, ending the case. Due to the fact-specific nature of doctrines like implied licenses and fair use, it’s possible the Hayden and Orton jury verdicts are consistent with each other. Warner Bros.

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43(B)log

MARCH 1, 2022

25, 2022) “The softball team and flag corps at a public high school outside Fort Worth used their Twitter accounts to post a motivational passage from sports psychologist Keith Bell’s book, Winning Isn’t Normal.” He sued; the court of appeals affirms a finding of fair use on a motion to dismiss and an award of attorneys’ fees.

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LexBlog IP

NOVEMBER 1, 2023

Businesses looking to capitalize on amusing or interesting videos in social media channels should beware of potential copyright infringement liability and bear in mind that a fair use defense may not be available. Frank Kent moved to dismiss the action, but the U.S. Read more

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TorrentFreak

FEBRUARY 22, 2024

The motion is centered around the statute of limitations but IA also stressed the importance of their archiving efforts, hinting that it would be eligible for a fair use defense. ” Fair Use? As such, its archiving effort should be able to rely on a fair use defense.

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LexBlog IP

MAY 24, 2023

Goldsmith , Opinion located here , the estate of deceased pop artist Andy Warhol argued its use of the photo at issue was fair use under the first of the four Fair Use test factors (the “purpose and character of the use”), because Warhol’s contributions were transformative, adding new expression, meaning, or message.

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LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

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JD Supra Law

JUNE 8, 2023

Goldsmith redefines the contours of the fair use defense to copyright infringement. The Court ruled in favor of respondent Lynn Goldsmith, holding that the licensing to a magazine of an Andy Warhol print depicting the recording artist Prince did not constitute fair use of Goldsmith’s photograph on which the print was based.

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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. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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JD Supra Law

JUNE 1, 2023

s (AWF), in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. The opinion written by Justice Sotomayor, in which Justices Thomas, Alito, Gorsuch, Kavanaugh, Barrett and Jackson joined, held that the “purpose and character” of AWF’s commercial use of Warhol’s portraits of Prince shared the same.

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LexBlog IP

MAY 3, 2022

The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. The school district invoked the fair use defense and moved to dismiss the claim for failure to state a claim. One of the passages in the book that is well known is entitled the WIN Passage.

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