IP Tech Blog

JUNE 2, 2023

When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use? Goldsmith, Andy Warhol not only used Ms.

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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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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] Section 106 of the Copyright Act grants copyright holders an exclusive right to make or license derivative works based upon a previously copyrighted work. [11]

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Kluwer Copyright Blog

AUGUST 7, 2023

In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine. Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2] Yale Law Review, v.

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LexBlog IP

MAY 19, 2023

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. ” The Court noted that the “bundle of exclusive rights” granted to a copyright holder includes rights to produce “derivative works.”

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LexBlog IP

JUNE 2, 2023

When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

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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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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. Damle introductory statement, Tr. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music.

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Copyright Lately

AUGUST 14, 2023

He contends that because he’s in the business of licensing his photos as reference images and for the creation of derivative works, the parties’ uses “have the same purpose—the display of a portrait of Miles Davis. Just because one is on canvas and one is on skin does not change the purpose.”

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Greenspoon Marder LLP

JANUARY 9, 2017

It is believed there were productive settlement discussions and that the Studios were working on guidelines for amateur, nonprofessional filmmakers to help avoid similar disputes in the future. However, by November 2016 no deal with Axanar had been reached and the litigation continued.

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JIPL Online

APRIL 9, 2021

Keller, Recognizing the Derivative Works Right as a Moral Right: A Case Comparison and Proposal , 63 Case W. 139 (2016). [ix] Stearns, Todd J. Zywicki & Thomas J. Miceli, Law and Economics: Private and Public 23 (West Academic Publishing 2018). [v] vii] Deidrè A. 511, 523 (2012). viii] See, e.g., Lee J. Int’l Com.

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LexBlog IP

JUNE 5, 2023

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. Goldsmith was not paid or credited for this use.

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LexBlog IP

MAY 26, 2023

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. Goldsmith was not paid or credited for this use.

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Copyright Lately

MAY 1, 2023

Chrissy has created an unauthorized derivative work of the SpongeBob track (which probably won’t make Sire Records happy), but she likely hasn’t implicated any copyright interests in the UMG-owned Drake recordings that were used by Janet to train the original model. .” ” VMG Salsoul, LLC v. Ciccone , 824 F.3d

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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.” ” (S. Damle introductory statement, Tr. ” Andy Warhol Foundation for Visual Arts, Inc.

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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.” (S. Damle introductory statement, Tr. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music.

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Kluwer Copyright Blog

JUNE 5, 2023

Many copyright professionals had hoped that the Court’s Goldsmith decision would articulate a workable standard for distinguishing transformative fair uses from infringing derivative works. After all, many derivative works (say, a movie made from a novel) will add something new and convey some new meanings or messages.

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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). The Facts The facts are relatively straightforward. Legal Background: The Public Display Right Generally speaking, the U.S.

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LexBlog IP

JULY 21, 2021

” That is because religion is big business, as the Washington Post noted in detailing a 2016 empirical study on the socio-economic contribution of religion to American society. provid[es] an estimate of the fair market value of goods and services provided by religious organizations, and. places the value of faith to U.S. society at $4.8

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Plagiarism Today

SEPTEMBER 28, 2021

” The case raises questions of fair use and whether the new paintings were transformative enough to be non-infringing or if they were simply derivative works. Three years later, she licensed one of those photos of Vanity Fair who, with permission, commissioned a new work based on it by Andy Warhol.

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Technology & Marketing Law Blog

JUNE 20, 2023

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Kluwer Copyright Blog

MAY 9, 2022

Many years later, after the tragic death of Prince in 2016, Vanity Fair decided to publish a special issue about him and contacted the Warhol Foundation about reusing the 1984 print for it. Hence, the panel concluded that the Warhol works had made unfair use of Goldsmith’s photograph. More from our authors: Law of Raw Data.

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LexBlog IP

FEBRUARY 28, 2022

But unbeknownst to Goldsmith, he also created fifteen additional works (including silkscreen prints and pencil drawings) using the Prince Photograph for his own artistic purposes. These divergent approaches and the persistent lack of clarity delineating a transformative use from a derivative work may compel the Supreme Court to intervene.

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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. Apparently, Warhol had created an entire series of 15 other works of pop art using Goldsmith’s initial photograph.

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LexBlog IP

JUNE 5, 2023

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 did not know about the Prince Series until 2016, when she saw Orange Prince on the cover of Condé Nast’s magazine. .” ” Id.

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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.

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Copyright Lately

MAY 22, 2023

Warhol used it to create the other Prince Series works. And AWF used it to license an image of Warhol’s Orange Prince to Condé Nast in 2016. The Supreme Court limited its analysis to the last of those uses, expressing “no opinion as to the creation, display, or sale of any of the original Prince Series works.”

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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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43(B)log

FEBRUARY 3, 2023

Before 2016, appeared to be that these multipliers were impermissible punitive damages. Since 2016, shift either in practice or characterizations—quite a few different kinds of multipliers for exclusivity/scarcity/quality being applied to actual damages before final judgment separate from statutory damages. In 2016, Leonard v.

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LexBlog IP

JULY 7, 2023

However, Warhol also used the photo to create fifteen other works, which together are now known as the “Prince Series.” Many derivative works. ” [24] The Court emphasized the degree of transformation “must go beyond that required to qualify as a derivative.”

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IP and Legal Filings

DECEMBER 14, 2021

After the death of Warhol, the copyright over Warhol’s work of Prince series was copyrighted by AWF having gained rights over it. After Prince’s death, Goldsmith got aware of the Prince Series after his death in 2016 and after getting aware, she notified AWF of the same breach stating that she has her copyright over the photo.

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Copyright Lately

OCTOBER 25, 2021

In 2016, author Gerald Brittle alleged that the Warner Bros. Eventually, Balcombe sold film rights in “Dracula” to Universal, which released the famous Bela Lugosi adaptation in 1931. “Nosferatu” is supposed to be scary, but it may put you to sleep. Conjuring up a Copyright Case.

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LexBlog IP

MAY 31, 2023

In addition to the work commissioned by Vanity Fair, Warhol made 15 other works based on Goldsmith’s photograph (known as the “Prince Series”). Goldsmith was unaware of these additional works.

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LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

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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. The difference b/t Justice Story’s © and today: the derivative work right: why would substitution be the core problem?

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43(B)log

AUGUST 11, 2021

Derivative works? Prior attempts to measure tarnishment: Buccafusco et al 2016 focused on porn parodies, found burnishing except among very conservative consumers. Whether a court engages with copyright limitations in the decision appears to make a big difference about who wins the case. Annemarie Bridy: reproduction right?

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The IP Law Blog

FEBRUARY 23, 2023

The audiobook, The Trump Tapes , is comprised of 20 audio interviews, one with Trump during his presidential campaign in 2016 and the remaining 19 from the interviews conducted during his term as president. Woodward interviewed Trump, both in person and over the phone, on numerous occasions during 2019 and 2020.

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