Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince.

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Fair Use Licensing Cease and Desist Derivative Work 130

JIPL Online

APRIL 9, 2021

Such uses are often methods of social commentary regarding the user’s own life, or more broadly, current events; they also often utilize copyrightable material. [i] ii] Existing copyright law is ineffective in its application to new forms of digital media. i] Memes are also a form of communication that distinguishes generations.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

TorrentFreak

MAY 17, 2022

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Netflix service. Copyright Law and DRM.

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Copying Social Media Licensing Technology 145

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.

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Copyright Copying Publishing Cinema 81

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine. This brief post dives into this duality, as exampled by American and Brazilian law.

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Copyright Derivative Work Fair Use Copyright Law 52

Velocity of Content

AUGUST 9, 2022

When Prince passed away in 2016, Vanity Fair learned of the additional images and licensed a different one from the series from the Warhol estate, but not from Goldsmith or her representatives. 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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Fair Use Licensing Derivative Work Art 98

Kluwer Copyright Blog

MAY 9, 2022

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. The Court in Campbell emphasized that transformative fair uses leave “breathing space” for next generation creations that build on the expression of pre-existing works.

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Fair Use Derivative Work Art Licensing 96

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] Originals” [7] : The Works at Issue. Goldsmith counterclaimed for copyright infringement.

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Fair Use Derivative Work Art Licensing 97

IP Tech Blog

JUNE 2, 2023

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act. Goldsmith, Andy Warhol not only used Ms.

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Fair Use Derivative Work Copying Licensing 57

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 ).

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Fair Use Art Derivative Work Copyright Infringement 52

LexBlog IP

MAY 18, 2023

.” Turns out – in addition to the Vanity Fair illustration – Warhol made a series of 16 additional works derived from Goldsmith’s photo. When Prince died in 2016, Vanity Fair’s parent company (Condé Nast) purchased a license from the Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 52

Fair Use Derivative Work Licensing Copyright 52

JIPL Online

NOVEMBER 1, 2021

Mods are beneficial for the video game industry, [3] but mods can threaten a company’s copyright exclusivity because of their status as derivative works. [4] 4] Mods that collect revenue by paywalls are likely to scare copyright holders into litigation. [5] 11] Physical mods of game hardware are considered derivative. [12]

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Derivative Work Cease and Desist Blogging Litigation 59

LexBlog IP

MAY 19, 2023

However, Andy Warhol would go on to create 15 additional works using the Goldsmith photograph, now known as the artist’s “Prince Series.” This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights.

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Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

JUNE 5, 2023

Money and copyright won by a 7-2 majority. The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. Goldsmith notified AWF of her belief that the work infringed her copyright. Andy Warhol.

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Fair Use Derivative Work Art Licensing 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.” Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S. 1258, (2023).

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Fair Use Licensing Art Music 105

Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik and tattoo artist Kat Von D each claim that the Supreme Court’s Warhol decision entitles them to summary judgment in their long-running copyright dispute. Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D).

Fair Use 87

Fair Use Social Media Licensing Marketing 87

Copyright Lately

MAY 1, 2023

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. From a copyright perspective, these particular tracks are clearly derivative of both the original sound recordings and the underlying musical compositions.

Music 85

Music Copyright Copying Copyright Law 85

43(B)log

FEBRUARY 3, 2023

Rosen, Fog and Fiction and Copyright Term Extension aka Who Framed Mickey Mouse? MPAA is there; “Coalition of Creators and Copyright Owners,” represented by songwriter (ASCAP, music, dramatists, BMI, SESAC, VLA, Writers Guild); National Music Publishers. Zahr Said, Shotgun Damages in Copyright Multipliers used to ratchet up damages.

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Copyright Copying Music Fair Use 45

LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

Fair Use 40

Fair Use Derivative Work Licensing Copyright Infringement 40

LexBlog IP

JUNE 2, 2023

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act. Goldsmith, Andy Warhol not only used Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

Copyright Lately

MAY 22, 2023

Instead, we’re taught that “[w]hether the use of a copyrighted work has a further purpose or different character” is a “matter of degree.” ” In other words, it’s a good time to be a copyright lawyer. Warhol used it to create the other Prince Series works.

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Fair Use Licensing Copying Artwork 91

Greenspoon Marder LLP

JANUARY 9, 2017

It should be noted that there has been a long-standing history of tolerance of fan-produced Star Trek projects by CBS and Paramount (the “Studios”); however, on December 29, 2015, the Studios filed a copyright lawsuit against Axanar Productions, Inc. However, by November 2016 no deal with Axanar had been reached and the litigation continued.

Fair Use 52

Fair Use Derivative Work Settlement Copyright 52

IP and Legal Filings

DECEMBER 14, 2021

The copyright was owned by Goldsmith. AWF owns much of the work of Andy’s. After the death of Warhol, the copyright over Warhol’s work of Prince series was copyrighted by AWF having gained rights over it. The purpose and character of the use; The impact on the copyrighted work’s potential market or value.

Fair Use 52

Fair Use Music Derivative Work Copyright 52

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Technology & Marketing Law Blog

AUGUST 1, 2023

In 2016, Time “embedded” one of Brauer’s Instagram posts, featuring one of his photos of Hilary Clinton, in its entirety (preserving his username or “handle”, his caption, and his links and hashtags). One is tempted to characterize these plaintiffs as copyright “trolls.” The Facts The facts are relatively straightforward.

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Blogging Copying Social Media Copyright 98

LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Goldsmith was unaware of these additional works. She contacted AWF alleging infringement of her copyright in her photograph.

Fair Use 52

Fair Use Licensing Copyright Editing 52

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. Goldsmith counterclaimed for copyright infringement. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 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.” Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. ” (S. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S.

Fair Use 52

Fair Use Licensing Art Music 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.” Goldsmith seeks to license her copyrighted photograph to exactly these kinds of buyers. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S. 1258, (2023).

Fair Use 40

Fair Use Licensing Art Music 40

TorrentFreak

JANUARY 25, 2023

In August 2021, Bungie filed a copyright infringement lawsuit against a number of defendants involved in the development and supply of Destiny 2 cheating tool, Wallhax. and owner Robert James Duthie Nelson, admitted that their tool breached copyright by injecting new code into Bungie’s, thereby creating an unlicensed derivative work.

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Derivative Work Copyright Litigation Privacy 145

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

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Intellectual Property Invention Trademark Copyright 52

LexBlog IP

OCTOBER 25, 2023

They do this to create works of fiction expressing the writers’ truths by using, altering, extending, or supplementing others’ reality, and sometimes even use what others have written about their own experiences. The copyright claims came down to a fair use analysis, something that has occupied discussions by this poster before.

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Copyright Social Media Plagiarism Fair Use 52

43(B)log

FEBRUARY 2, 2024

Counterclaim alleged that WF infringed by reproducing, publicly displaying, commercially licensing, and distributing the image, and by incorporating the photo into unauthorized derivative works. It is nonsensical to analyze fair use as a defense to something that is not copyright infringement to begin with. Because of Google v.

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Fair Use Derivative Work Licensing Marketing 49

Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit involves sound recordings of 19 interviews that then-President Trump voluntarily gave to Woodward between December 2019 and August 2020, plus one interview from 2016 (when Trump was still a candidate). Second, if so, who is the initial owner of the copyright(s)? 105 , as a “work of the United States Government”?

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Copyright Blogging Publishing Fair Use 131

The IP Law Blog

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”? So there’s no stories coming out, okay. In the 1981 case of Falwell v.

Copyright 98

Copyright Copyright Infringement Publishing Derivative Work 98

43(B)log

AUGUST 11, 2021

Panel 17 – Copyright Substantial Similarity Crossprogrammed with my panel; I came here first because I had more experience with the first paper in the other panel. Asay, An Empirical Study of Copyright Law’s Substantial Similarity Test 1005 cases found. Derivative works? Possibly related to internet adoption.

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Trademark Copyright Branding Brands 72