IPilogue

OCTOBER 1, 2022

Fischer found triable issues on substantial similarity and fair use. In March 2017 , Kat Von D inked a tattoo of Sedlik’s Davis photograph on the arm of lighting technician Blake Farmer (“Farmer”) for free. Kat Von D did not request authorization or a license to reproduce the image. Background.

Copyright Infringement 129

Copyright Infringement Fair Use Art Copyright 129

LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. She emphasized that both uses were commercial in nature, making them substantially similar in purpose. In a closely watched copyright case, the U.S.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

LexBlog IP

MAY 3, 2022

The WIN Passage is subject to a separate copyright registration and he offers licenses for its use. In December 2017, Chisholm Trail High School’s softball team and color guar posted the WIN Passage to their Twitter accounts. He offers merchandise, including t-shirts and posters, that display the WIN Passage.

Fair Use 52

Fair Use Social Media Copyright Marketing 52

Copyright Lately

JUNE 2, 2022

In a 30-page order, the district court largely denies both parties’ motions for summary judgment, finding triable issues on substantial similarity and fair use. and High Voltage Tattoo) asked the court to determine that the use of Sedlik’s photo as a reference image qualified as a fair use of the copyrighted work.

Fair Use 109

Fair Use Social Media Copyright Copyright Infringement 109

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

In recent years, she has played a key role in litigation surrounding the “Fearless Girl” statue, which was famously unveiled in New York City in 2017, as well as trademark litigation on behalf of travel metasearch engine Kayak. .

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

JIPL Online

MARCH 15, 2021

In 2018, the Satanic Temple sued Netflix for fifty million dollars when Netflix used a sculpture of a goat-headed deity on “The Chilling Adventures of Sabrina.” [9] 13] In 2017, a photographer and copyright owner of images of VHS cassettes asserted that “Stranger Things” used these photos for its Collector’s Edition boxed set. [14]

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Technology & Marketing Law Blog

MARCH 29, 2023

The picture at issue was taken in 2017, and was registered with the U.S. Copyright Office on July 29, 2017. The Final Determination notes that Oppenheimer feels entitled to a licensing fee, even though he has not sold this photograph, and suggests that he is entitled to $2,775 a year for the use of the photograph.

Blogging 105

Blogging Fair Use Copyright Copyright Notice 105

TorrentFreak

FEBRUARY 15, 2024

In letters sent to around 20 companies, TTVK warned that without proper licensing, these services were illegal and must be shut down. The broadcasters claimed that the TVkaista service effectively rebroadcast their content without a license.

Copyright Infringement 123

Copyright Infringement Copyright Fair Use Licensing 123

IPilogue

DECEMBER 13, 2022

In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek. In determining fair use according to the statute, one of the primary points of contention involved the meaning behind the “purpose and character” of the alleged use.

Art 78

Art Fair Use Intellectual Property Licensing 78

The IPKat

SEPTEMBER 12, 2022

The Rome Court of First Instance, which also considered (and applied) the US doctrine of fair use, eventually dismissed the action. The first instance judgment was also incorrect in considering 'fair use' applicable. Fair use is not a valid defence under Italian/EU law.

Fair Use 40

Fair Use Copyright Infringement Copyright Blogging 40

IPilogue

OCTOBER 28, 2021

District Court for the Eastern District of New York ruled that the parodical and satirical use of Fun World’s copyrighted “Ghost Face” mask was permitted under the fair use doctrine. Outside of masks and jewellery, a 2017 U.S. Scary Issues with Licensing and Trademarks. More recently, on September 27, the U.S.

Intellectual Property 115

Intellectual Property Designs Design Copyright 115

Kluwer Copyright Blog

MAY 1, 2023

In doing so, it amended Law 2121/1993 , the Greek Copyright Law, as well as Law 4481/2017 , the law that regulates the collective management of copyright and related rights. This means that whatever exceeds the aforementioned limits falls outside the scope of the limitation and a license is needed for the legitimacy of this use.

Licensing 98

Licensing Publishing Related Rights Law 98

LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense.

Fair Use 52

Fair Use Artwork Art Blogging 52

JIPL Online

APRIL 9, 2021

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. This is demonstrated by corporations repeatedly using memes and meme culture, albeit to varying degrees of success.

Copyright Infringement 98

Copyright Infringement Copyright Intellectual Property Blogging 98

JIPEL Copyright Blog

MARCH 9, 2022

From July 2017 to April 2018, the Art Gallery of Ontario (the “AGO”) staged an exhibition titled “ ReBlink ,” which urged visitors to “[t]ake a second look… with a modern lens:”. For the most part, liability may be avoidable: museums could defend any copyright (e.g.,

Moral Rights 52

Moral Rights Fair Use Art Derivative Work 52

Technology & Marketing Law Blog

DECEMBER 11, 2023

Rather, the quoted language came from an SDNY decision ( Tommy Hilfiger Licensing, Inc. 2d 410, 414-415 (SDNY 2002)) that the Supreme Court expressly used to “offer as one last example” of “a case with a striking resemblance” in which the Rogers test was cabined. 218 (2017); Iancu v. at 156 (citation omitted)”). Tam , 582 U.S.

Blogging 130

Blogging Trademark Branding Brands 130

43(B)log

AUGUST 4, 2021

Jacob Victor, Copyright’s Law of Dissemination: trying to disaggregate dissemination from use of a work in new creativity/e.g., transformative fair use. Judicial: Google Books/utility expanding fair use; Sony v. Trends and patterns: whether a use is compensated or uncompensated.

Copyright 45

Copyright Licensing Fair Use Contracts 45

Copyright Lately

DECEMBER 28, 2022

The company has brought over 300 cases since 2017, often using copyrighted product images as a technical hook to shut down undesired resellers who advertise its products at below retail prices. Shenzhen Dingjiang Tech. NOCO manufactures and sells car battery accessories. It also files lawsuits—lots of them.

Copyright 91

Copyright Art Licensing Social Media 91

IIPRD

JUNE 9, 2024

The Judicial POV There have been various representative cases that are widely known for utilizing third-party content about copyright without genuine permission or license. That may include decentralized content creation platforms, IP registries on a blockchain, and smart contract licensing systems.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Designs 59

Technology & Marketing Law Blog

AUGUST 1, 2023

On the other hand, professional photographers have to make a living by licensing their photos to publishers (and other intermediaries) who are willing to pay them to reproduce and display those photos. The Ninth Circuit ultimately ruled, however, that making and displaying thumbnail images to facilitate an image search engine was a fair use.

Blogging 98

Blogging Copying Social Media Copyright 98

JIPL Online

NOVEMBER 1, 2021

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] 19] After classifying the mod as derivative, the court rejected other protections such as fair use doctrine as defenses to the paid mod. [20] 20, 2017), [link]. [3]

Derivative Work 59

Derivative Work Cease and Desist Blogging Litigation 59

Kluwer Copyright Blog

APRIL 25, 2024

This sum is in addition to the $2 billion of public funds already invested since 2017, when Canada became the first country in the world to launch a national AI strategy. Only one witness is quoted as having argued that such uses should be licensed by collective societies.

Copyright 75

Copyright Government Copyright Law Reporting 75

IIPRD

APRIL 8, 2024

And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces? 23, 2017), [link] [2] [link] [3] What Are the Copyright Rules Around AI Art? makeuseof.com) [4] Supra Note 3. [5]

Art 52

Art Artwork Intellectual Property Copyright Law 52

43(B)log

FEBRUARY 22, 2021

A: He’s interested in whether it meets the standard, and also whether it would create a problem with future costumes/a licensing culture. Ds didn’t even rely on server test in the first two and in Boesen they won on fair use). Not sure he sees a huge problem. Enforcement becomes a problem when it contradicts a history/culture.

Copyright 40

Copyright Art Copying Editing 40

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] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. This has important implications for the doctrine of fair use.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

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. On May 11, the U.S. 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Copyright Lately

APRIL 19, 2022

Over the past quarter-century, transformative use has become shorthand for fair use itself. When I first heard that the Supreme Court had agreed to take up the fair use fight over Andy Warhol’s “Prince Series,” my first reaction was “Oh wow.”. Fair use is supposed to be about balance and flexibility.

Fair Use 85

Fair Use Art Copyright Derivative Work 85

Technology & Marketing Law Blog

DECEMBER 15, 2021

To settle that dispute, the parties worked out an “exclusive” license: the second-comer could sell the design on Amazon, and the registrant could keep selling it on eBay. The second comer/licensee assigned the exclusive license to a successor licensee, the defendant in this case. assertions.

Registration 132

Registration Fair Use Copyright Designs 132

Technology & Marketing Law Blog

SEPTEMBER 15, 2024

Jenks licensed the beat non-exclusively to Jordan White (a/k/a G-BABY GVVAAN), who incorporated it into a song called “ Oi! The court says that White, the plaintiff, never showed that UMG was aware of his non-exclusive license, but was that required? Benjamin * How Have Section 512(f) Cases Fared Since 2017?

Fair Use 105

Fair Use Cease and Desist Ownership Licensing 105

Olartemoure Blog

JANUARY 18, 2023

The legal battle started in 2017 between the estate of Andy Warhol and photographer Lynn Goldsmith , over the use of Goldsmith’s images of the late musician Prince. 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.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

The IPKat

APRIL 4, 2024

Here’s what Desmond writes: The Copyright Amendment Bill ensures fair remuneration for South African creators and performers by Desmond O Oriakhogba.fair compensation needed The Copyright Amendment Bill (CAB) was introduced to parliament on 13 May 2017. The CAB now awaits presidential assent to become law.

Copyright 132

Copyright Music Artistic Work Contracts 132

Indiana Intellectual Property Law

SEPTEMBER 29, 2023

The complaint states that while the Plaintiff does sell limited, one-time use licenses to customers, he always retains copyright ownership of the photographs.

Copyright Infringement 97

Copyright Infringement Copyright Intellectual Property Licensing 97

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. Vanity Fair licensed one of Goldsmith’s Prince photographs to use in a Vanity Fair article.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

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”). Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

Fair Use 52

Fair Use Licensing Copyright Editing 52

43(B)log

AUGUST 12, 2021

IP derives much of its value from opportunity to license, so it often makes sense to think of reasonable royalty as a cognizable harm. By contrast, elsewhere it might not make as much sense to think of the problem as a lost opportunity to license, e.g., the listing of someone as a terrorist.

IP 90

IP Licensing Law Reporting 90

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. In 1999, Cinema Secrets licensed the right to sell a Michael Myers Halloween mask from the film’s copyright owner.

Copyright 145

Copyright Cinema Copying Copyright Infringement 145