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. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

Fair Use 52

Fair Use Art Derivative Work Copyright Infringement 52

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, Andy Warhol not only used Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Velocity of Content

AUGUST 9, 2022

Warhol, however, did not stop with that one modified image; instead, he developed a series of sixteen different versions using the Goldsmith photograph, none of which was covered by the Vanity Fair license. First, there are not that many Supreme Court cases that address fair use. federal copyright law)?

Fair Use 98

Fair Use Licensing Derivative Work Art 98

JIPEL Copyright Blog

APRIL 11, 2022

The Second and Ninth Circuits have consistently led the way in establishing the scope of American copyright law. In the past few years, the Second Circuit in particular has had the difficult task of reconciling copyright law with appropriation art, an artistic style predicated on the intentional use of preexisting images and objects.

Art 52

Art Copyright Law Fair Use Copyright 52

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.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

Fair Use 105

Fair Use Licensing Art Music 105

Olartemoure Blog

JANUARY 18, 2023

In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince. He used a cropped photo based on one of Goldsmith’s images to create his artwork. There was no image copyright credit or compensation to Lynn Goldsmith.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph. The trial judge John G.

Copyright Infringement 105

Copyright Infringement Copyright Art Fair Use 105

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. When Prince died in 2016, Vanity Fair’s parent company sought permission from the Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

TorrentFreak

APRIL 27, 2022

Over the years we’ve published thousands of articles on copyright law, from how it works in theory to its application in full-blown lawsuits. But other copyright disputes, where infringement isn’t so obvious, can trigger new complexity and polarized legal opinions. But would that be illegal under US copyright law?

Cease and Desist 96

Cease and Desist Copyright Infringement Fair Use Copyright 96

SpicyIP

JULY 5, 2021

Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities. Degrees) Regulations, 2016 which mandates the submission of an electronic copy of the Ph. The thesis being a public record raises an important query in copyright law with respect to its control by the author.

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.).

Art 52

Art Fair Use Copyright Copyright Infringement 52

Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.).

Art 52

Art Fair Use Copyright Copyright Infringement 52

Olartemoure Blog

MAY 26, 2023

In a separate but parallel development, the United States Supreme Court recently settled a protracted legal battle originating in 2016 between photographer Lynn Goldsmith and the Andy Warhol Foundation. La entrada The US and Italy set precedents in copyright and art se publicó primero en OlarteMoure | Intellectual Property.

Art 52

Art Copyright Public Domain Copyright Law 52

IP and Legal Filings

JANUARY 22, 2024

The crux of this debate is the argument that if the theft of restricted digital content is for the purpose of knowledge and research, it should be considered as an act done under ‘fair use’ and ‘fair dealing’ of the content. Digital Rights Management & Fair Use If everything is so well designed, then where is the issue?

Ownership 52

Ownership Copyright Fair Use Intellectual Property 52

TorrentFreak

MAY 15, 2023

” That wasn’t what Maria Schneider had in mind, according to her 2016 Music Tech Policy piece, which begins with a surprise apology. After all, it’s not fair to legal whorehouses that pay their share of taxes to lump them with meth labs and YouTube,” Schneider wrote. I apologize. In a submission to the U.S.

Copyright 145

Copyright Intellectual Property Business Licensing 145

Technology & Marketing Law Blog

JANUARY 3, 2023

31, 2022): When an individual’s decision to disseminate an Instagram post is the “very thing the article [is] reporting on,” the use of the Instagram post and its copyrighted material in the reporting has been deemed sufficiently transformative to support a fair use defense.

Copyright 111

Copyright Social Media Copyright Infringement Publishing 111

LexBlog IP

JUNE 10, 2022

Goldsmith , the Court aims to more clearly define the scope of what’s known as “fair use” in US copyright law. This marks the Supreme Court’s second foray into copyright fair use in two years after decades of silence on the matter. Understanding the Fair Use Doctrine.

Fair Use 52

Fair Use Intellectual Property Copyright Copyright Infringement 52

Above the Fold

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. The Supreme Court will now determine whether Warhol violated copyright law.

Art 52

Art Copyright Fair Use Artwork 52

LexBlog IP

APRIL 4, 2022

On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s permission. The Court is expected to hear arguments this fall.

Art 52

Art Copyright Fair Use Artwork 52

Greenspoon Marder LLP

JANUARY 9, 2017

However, by November 2016 no deal with Axanar had been reached and the litigation continued. One major area of dispute between the parties is whether Axanar’s works fall under copyright law’s “fair use doctrine.” The post Star Trek Fan Film May Not Live Long and Prosper appeared first on Greenspoon Marder LLP.

Fair Use 52

Fair Use Derivative Work Settlement Copyright 52

Kluwer Copyright Blog

MARCH 6, 2023

A series of recent amendments to copyright law, including in the EU Copyright and the Digital Single Market Directive (Art. 3 and 4) and in Singapore’s new Copyright Act (Art. 243, 244), seek to protect the ability of text and data mining researchers to use copyrighted content in their work. 3d 87 (2d Cir.

Copyright 118

Copyright Social Media Publishing Licensing 118

Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

SpicyIP

JUNE 26, 2024

Emphasizing the lack of a robust mechanism to ensure access to literary work by persons with disability, the authors highlight how the existing copyright framework comes in conflict with the rights enshrined under the Rights of Persons with Disabilities Act, 2016. Views expressed here are those of the authors’ alone.

Copyright 81

Copyright Copying Publishing Cinema 81

Intepat

JULY 11, 2024

Show’s Perspective The show argues that copyright laws necessitate action against unauthorized usage to protect their intellectual property rights and brand identity. These rules aim to prevent copyright infringement while allowing limited promotion of show appearances. In the case of Myspace Inc.

Copyright 52

Copyright IP Social Media Copyright Law 52

LexBlog IP

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.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.”

Fair Use 52

Fair Use Licensing Art Music 52

The IPKat

FEBRUARY 21, 2022

Topics include access and substantial similarity, fair use, performers’ rights, moral rights, expert testimony, the role of lay listeners, sound sampling, as demonstrated in dispositions of litigated and settled infringement disputes. pre-publication event: EULAs: Friends or Foes?,

Intellectual Property 67

Intellectual Property Moral Rights Registration Editing 67

Copyright Lately

MAY 1, 2023

First of all, in terms of copyright, to reiterate our very clearly articulated position. sophisticated generative AI that’s enabled by large language models, which trains on our intellectual property, violates copyright law in several ways. copyright law really doesn’t seem to give UMG a ton of options.

Music 85

Music Copyright Copying Copyright Law 85

Velocity of Content

AUGUST 13, 2024

In a 2016 report, Marci Goldberg of K-12 Market Advisors reported that “teachers spend an average of five hours per week creating materials and seven hours per week searching for materials.” Many educators mistakenly believe that all educational use of copyrighted materials fall under the fair use exception.

Copyright 52

Copyright Public Domain Fair Use Licensing 52

The IPKat

FEBRUARY 21, 2024

Above all, INTA sees the risk that the CJEU could open the way to interpreting 'due cause' as something that was deliberately not included in the current EU legislative texts (EUTMR and EUTMD) by the EU legislator as part of the trade mark law reform at the beginning of 2016. 5 InfoSoc Directive.

Art 62

Art Copyright Law Fair Use Intellectual Property 62

Velocity of Content

DECEMBER 4, 2024

The Copyright Act provides an exclusive right “to prepare derivative works based upon the copyrighted work” and defines “derivative work” in part as any work “ based upon one or more preexisting works.” This has been a long-standing question in copyright law. An amendment to the copyright statute is only one of them.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

SpicyIP

NOVEMBER 17, 2023

Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship [November 22- 23] Course in Brief Dates : 22nd – 23rd November, 2023 Time : Day 1: 9:30 AM to 5:00 PM IST; Day 2: 9:30 AM to 1:00 PM IST Venue : Centre for Technology and Law, DA-IICT, Gandhinagar Duration : 1.5

Intellectual Property 105

Intellectual Property Technology IP Law 105

JIPL Online

APRIL 9, 2021

ii] Existing copyright law is ineffective in its application to new forms of digital media. On one hand, those who view intellectual property rights as a limited monopoly would suggest that even derivative use of the content in a meme is infringement on the rights holder’s interest. 139 (2016). [ix] 29, 2013), [link]. [ii]

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

Intepat

SEPTEMBER 27, 2024

Courts have often intervened in such scenarios to address instances where copyright owners have sought to commercialize their work to an extent that undermines public access and educational opportunities. certain acts that do not constitute copyright infringement. Rameshwari Photocopy Services & Anr.

Intellectual Property 52

Intellectual Property Publishing Copyright Law Copyright 52

IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S.

Fair Use 40

Fair Use Licensing Art Music 40

Biswajit Sarkar Copyright Blog

JULY 21, 2023

In other words, it gives the copyright owner the exclusive right to make copies of the work, and to exercise the ancillary rights that come with that monopolistic power, such as licensing rights, et cetera. So what kind of works, provided they meet the requirement, qualify for copyright protection? In Alexander v.

Copyright 52

Copyright Artistic Work Copyright Infringement Ownership 52

Biswajit Sarkar Copyright Blog

JULY 21, 2023

Understanding Tricky Tattoo copyright is also essential for safeguarding the artistic integrity and ownership of these unique body art creations. The genesis of copyright as an established legal right can be traced back to England, 1710 where the first copyright law— the Statute of Anne was established. In Alexander v.

Artistic Work 52

Artistic Work Ownership Copyright Infringement Copyright 52

Copyright Lately

OCTOBER 25, 2021

The judge rejected BMG’s fair use defense, holding that the defendants took more elements from the “Nightmare on Elm” street films than they needed to accomplish any parodic purpose. Conjuring up a Copyright Case. In 2016, author Gerald Brittle alleged that the Warner Bros. And there you have it!

Copyright 144

Copyright Cinema Copying Copyright Infringement 144