Remove 2013 Remove Artistic Work Remove Copying Remove Derivative Work
article thumbnail

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. Prince [10] (no relation), in which the Second Circuit rejected the premise that a secondary work must comment on the original to be sufficiently “transformative” to qualify as fair use.

article thumbnail

Copyright and Transformative Fair Use

Patently-O

Court of Appeals for the 9th Circuit, and other courts of appeals have held), or whether a court is forbidden from considering the meaning of the accused work where it “recognizably deriv[es] from” its source material (as the U.S. Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on.

Fair Use 134
article thumbnail

Evolution of Tests of Creativity in Copyrights

IP and Legal Filings

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. It was written with a distinct style and message.