LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” 9] In reaching that determination, the court relied chiefly on the Second Circuit’s 2013 decision in Cariou v. He did just that.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Copyright Lately

MAY 22, 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 from which Warhol’s silkscreen was derived, and therefore weighed against fair use. Goldsmith.

Fair Use 92

Fair Use Licensing Copying Artwork 92

JIPL Online

APRIL 9, 2021

[x] In fact, on the contrary, memes can operate as a source of marketing and a way to garner interest in creative works in a funny, generationally relevant way. xviii] In one instance, Getty Images pursued a German blog—Geek Sisters—for almost $900 in licensing fees for their use of the awkward penguin meme. 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Patently-O

OCTOBER 11, 2022

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

Fair Use Copyright Derivative Work Art 134

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. What Happened. The first one to go was the de minimis defense, which the court rejected before trial.

Fair Use 81

Fair Use Designs Design Licensing 81

Copyright Lately

OCTOBER 25, 2021

In fact, he was so big that when the producers of “Ghostbusters” approached him about writing the theme for their upcoming film, Lewis had to decline because of previous commitments, including his work on the “Back to the Future” soundtrack. “The Conjuring” (2013). ROMERO’S DAWN OF THE DEAD.

Copyright 144

Copyright Cinema Copying Copyright Infringement 144

43(B)log

FEBRUARY 4, 2023

Rosenblatt: consider implied license and laches. Sarah Louise Bishop, Scenes a Faire, Novelty, and Genre Before 2013, no court of appeals affirmed use of scene a faire on motion to dismiss, and since then it’s happened a fair amount: 45% in last 5 years. Contract instead of ©? Micropayments? Should that be possible?

Copyright 59

Copyright Fair Use Privacy Derivative Work 59