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. This has important implications for the doctrine of fair use.

Fair Use 95

Fair Use Derivative Work Blogging Licensing 95

JIPEL Copyright Blog

MARCH 9, 2022

addition of written or pictorial elements) of a work not in the public domain and/or where the creator is still alive. For instance, in the AR example above of AGO’s ReBlink exhibition, visitors “use[d] their [mobile] device’s camera to unlock Mayhew’s modern twists on historical works of art.”

Moral Rights 52

Moral Rights Fair Use Art Social Media 52

Kluwer Copyright Blog

OCTOBER 17, 2023

These litigations might have convinced the European legislator to deal with the issue in the proposal for a regulation laying down harmonized rules on Artificial Intelligence (‘ Artificial Intelligence Act’ or ‘AIA’), recently introducing a provision to address the issue of transparency with regard to the works used in the machine learning process.

Copyright 124

Copyright Art Copyright Law Licensing 124

Technology & Marketing Law Blog

DECEMBER 13, 2023

And many of the sites where the data is collected also have prohibitions on automated data collection and web scraping in their terms of use. Platforms that copy online data and use it to create AI have a strong fair use argument under copyright laws. But fair use isn’t a defense to a breach of contract claim.

Blogging 79

Blogging Copyright Contracts Cease and Desist 79

43(B)log

AUGUST 3, 2023

Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. Courts weren’t using four factors before that. We don’t even get into the market stuff.

Fair Use 52

Fair Use Copyright Derivative Work Marketing 52

Kluwer Copyright Blog

APRIL 25, 2024

High profile litigation and media-covered controversies have drawn wide-spread attention to the essential role that pre-existing works play in the process of “teaching” an AI to “think.” Only one witness is quoted as having argued that such uses should be licensed by collective societies. data —reside).

Copyright 70

Copyright Government Copyright Law Reporting 70

43(B)log

FEBRUARY 4, 2023

Mailyn Fidler, Cross-Racial Copyright Litigation in Music: Only a Paper Moon? Have Black musicians been able to use copyright litigation to push back against cross-racial appropriation (Three Boys), is it equal (Campbell v. Looking at post-1978, 9 th , 2d, and 6 th Cir (Motown) and SCt; copying and use without license.

Copyright 64

Copyright Editing Settlement Music 64

Technology & Marketing Law Blog

FEBRUARY 13, 2023

If not, the court may have to address several other interesting, rarely-litigated issues concerning the proper scope of copyright in recorded interviews. Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves?

Copyright 119

Copyright Blogging Publishing Fair Use 119