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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Fair Use Art Licensing Copyright Infringement 52

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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Fair Use Copyright Law Copyright Law 103

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. Acuff-Rose Music, which held that a work is transformative if it adds something new and has a different purpose or character. In a closely watched copyright case, the U.S.

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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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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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Fair Use Derivative Work Copying Licensing 52

Kashishipr

JUNE 9, 2021

Internet streaming in India contributes to the majority of revenues of the recorded music industry. Licensing is imperative for the product because it is known that music rights holders have worked hard. Licensing is imperative for the product because it is known that music rights holders have worked hard.

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Music Licensing Television Copyright Infringement 98

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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Fair Use Licensing Art Music 123

Biswajit Sarkar Copyright Blog

DECEMBER 27, 2022

Music is an artistic work which falls into the purview of copyright protection. Nowadays, music lovers can easily stream music. Even restaurants, bars and lounges play music to entertain guests, either through hiring DJs or by playing music through sound systems. The defendant no 1 i.e, The defendant no 1 i.e,

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Copyright Infringement Music Moral Rights Copyright 52

LexBlog IP

NOVEMBER 17, 2023

This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., This time, a group of music publishing companies, including Concord Music Group, Inc., ABCKO Music, Inc., See Concord Music Group, Inc. Anthropic PBC , M.D. Tenn, 3:22-cv-01092, ECF No.

Music 52

Music Copyright Infringement Publishing Copyright 52

Biswajit Sarkar Copyright Blog

JUNE 21, 2023

Music is an artistic work which falls into the purview of copyright protection. Nowadays, music lovers can easily stream music. Even restaurants, bars and lounges play music to entertain guests, either through hiring DJs or by playing music through sound systems. The defendant no 1 i.e, The defendant no 1 i.e,

Copyright Infringement 40

Copyright Infringement Music Moral Rights Copyright 40

TorrentFreak

MARCH 18, 2024

Publishers vs. Internet Archive The self-scanning approach differs from the licensing deals other libraries enter into. Publishers Respond to IA’s Appeal IA argued that its scanning-and-lending activities amount to fair use.

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Publishing Fair Use Copying Music 109

TorrentFreak

MARCH 25, 2024

Publishers vs. Internet Archive The self-scanning service offered by the Internet Archive (IA) differs from the licensing agreements entered into by other libraries. These industry groups draw a parallel between the impact Napster and BitTorrent had on music and movie sales, and the threat IA’s self-scanning library poses today.

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Publishing Copyright Fair Use Intellectual Property Law 141

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2021

The Doctrine of Fair Use is a concept that originates from the case of Folsom vs. Marsh. Justice Story observed in his judgement, when the courts of law decide on cases like this, they must look to the nature and objects of the selection mode, the quantity and value of material used. Percentage of Original Material Used.

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Copyright Lately

MAY 1, 2023

The world’s largest record company says it has a clear view of the legal landscape surrounding AI-generated music. If you’ve been glued to news coverage of the Ed Sheeran trial for the past two weeks, you may have missed an even bigger story from the world of music copyright. The reality is more complicated.

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Music Copyright Copying Copyright Law 87

Art Law Journal

MARCH 13, 2018

For years, videographers have used music as a backdrop in their films, short videos, and documentaries. The law around music licensing is pretty clear: a license is required to use copyrighted music in a video. This has been a standard practice since the dawn of music recordings.

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Music Licensing Copyright Law 52

Plagiarism Today

MAY 19, 2022

2: Delhi HC Seeks Expert Help on Whether Event Firms Need License to Play Music at Weddings. Next up today, The Wire reports that the Delhi High Court is seeking an outside expert to assist in determining whether event firms in the country should be required to obtain a license to play music at weddings and other gatherings.

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Plagiarism Today

OCTOBER 5, 2021

Copyright termination is a process through which creators that licensed their works can reclaim their rights after a set period of time. Ratajkowski fired back, claiming that the photo didn’t qualify for copyright protection and that her use was a fair use. The lawsuit was filed by AOM Music, Inc.,

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Fair Use Licensing Copyright Infringement Music 210

Plagiarism Today

FEBRUARY 3, 2022

According to a video he uploaded, his videos will remain available in countries with a broad fair use exemption, like the United States, but not in countries like Toei’s native Japan that have narrow exemptions. 2: Nintendo Music YouTuber Who Received 4,000 Copyright Strikes is Closing Their Channel.

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Music Reporting Copyright Notice Fair Use 180

Plagiarism Today

OCTOBER 25, 2021

De La Santos mentions these allegations in his response to the lawsuit, which also makes arguments of fair use and that he is an “innocent infringer,” an argument that could potentially lessen any damages against him. 3: Music Publishers Propose Higher Streaming Payments.

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Music Publishing Fair Use Journalism 199

IPilogue

SEPTEMBER 28, 2022

In response to a Texan Church’s unauthorized performance of Hamilton , where the musical’s contents were altered to reflect Christian Values , Lin-Manuel Miranda, creator of the Hamilton musical tweets, “Now lawyers do their work.” So, what exactly does this “work” entail?

Moral Rights 106

Moral Rights Copyright Fair Use Music 106

Plagiarism Today

OCTOBER 19, 2022

1: RIAA Flags ‘Artificial Intelligence’ Music Mixer as Emerging Copyright Threat. Those recommendations include a slew of familiar names, but also a new one, “AI-based” music mixers and extractors. Cardi B had previously argued that the use of the image was a fair use because it was transformative.

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Copyright Notice Music Reporting Copyright 175

IP Intelligence

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. Goldsmith involved the recasting by Andy Warhol, in or about 1984, of a photograph of the music artist Prince into an orange-hued silkscreen rendition (Orange Prince). 1258, (2023).

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Plagiarism Today

OCTOBER 13, 2022

In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine. However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. Lynn sued allegiging that those prints were a copyright infringement.

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Cease and Desist Copyright Infringement Licensing Fair Use 195

IPilogue

OCTOBER 12, 2022

Abigail Barlow and Emily Bear combined their talent with their love for the Netflix Original, Bridgerton , to create the 15-song “Unofficial Bridgerton Musical” album. Barlow and Bear went on to become viral sensations on social media and Grammy-winning artists (2022 Best Musical Theatre Album) for their production. The Netflix v.

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Intellectual Property Social Media Music Fair Use 105

The IP Law Blog

DECEMBER 29, 2023

3: What Now for Fair Use After Warhol v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. As we look back, we want to share The Briefing’s most popular episodes in 2023. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

False Advertising 62

False Advertising Intellectual Property Fair Use Music 62

JIPL Online

MARCH 19, 2021

Given the disparity in negotiating power between a platform the size of Twitch and individual creators, Twitch is better situated to take on the burdens of negotiating a music licensing solution on behalf of all of the creators who drive traffic to their site. Background.

Music 76

Music Copyright Licensing Fair Use 76

Plagiarism Today

SEPTEMBER 9, 2021

They further claim that the podcasters obtained a pirated copy of the fight to use in the show. According to H3’s response, their use of the video in the podcast was a fair use and if the version they had was pirated, that is not itself a copyright infringement.

Copyright Infringement 224

Copyright Infringement Music Copying Copyright 224

Plagiarism Today

MAY 16, 2022

2: Judge Says ‘Vape’ Musical Parody May Go On as ‘Grease’ Copyright Claim Flops. Next up today, Jonathan Stempel at Reuters reports that a judge has ruled that Vape: The Musical will be allowed to proceed despite a copyright infringement lawsuit filed by the rightsholders of the musical Grease.

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Cease and Desist Music Public Domain Publishing 167

The IP Law Blog

SEPTEMBER 30, 2022

Copyright law “protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.” While the fair use doctrine excuses some uses of copyrighted material, the fair use exceptions are much narrower than most people understand.

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Copyright Infringement Copyright Social Media Fair Use 122

TorrentFreak

JANUARY 17, 2024

Acuff-Rose Music, Inc. is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .”

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Copyright Derivative Work Fair Use Reporting 116

LexBlog IP

DECEMBER 29, 2023

3: What Now for Fair Use After Warhol v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. As we look back, we want to share The Briefing’s most popular episodes in 2023. Goldsmith The U.S. Supreme Court ruled in Andy Warhol Foundation v.

False Advertising 52

False Advertising Intellectual Property Fair Use Music 52

Plagiarism Today

AUGUST 2, 2021

In the case, Nicklen argued that a photographer or videographer that uses Facebook or Instagram to promote their content should not automatically give up the right to license it to third parties, such as Sinclair. The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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Copyright Infringement Copyright Law Reporting Licensing 246

The IPKat

APRIL 4, 2024

According to the explanatory memorandum to the CAB (p37), a key rationale for the Bill was to ensure that South African creators and performers “do not die as paupers due to ineffective protection” especially in view of the historical “power imbalance, vulnerabilities and abuse taking place in the music industry” in South Africa.

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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. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed.

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Plagiarism Today

OCTOBER 6, 2021

The RIAA filed the lawsuit against the pair of sites alleging that they enabled and encouraged piracy by allowing people to download music from YouTube. According to the estate, the book infringed the copyright of the Dr. Seuss work Oh, the Places You’ll Go , but the defendants argued that the book was a parody and a fair use.

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Fair Use Plagiarism Licensing Reporting 130

Copyright Lately

AUGUST 2, 2022

But this time, Netflix is the one doing the suing, and it’s targeting the creators of “ The Unofficial Bridgerton Musical ” with what I’ll call “The Official Bridgerton Musical Copyright Infringement Lawsuit” (read here). Okay, But What if Bridgerton Was a Musical?

Music 104

Music Derivative Work Fair Use Cease and Desist 104