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Why do artists infringe copyright – the tension between artistic creativity and copyright law

IPilogue

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Last year, Andy Warhol lost an infamous copyright infringement lawsuit against photographer Lynn Goldsmith regarding an image of the pop singer Prince. There seems to have always been tension between artistic creativity and copyright law.

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3 Count: Polish Rejection

Plagiarism Today

1: Top EU Court Rejects Polish Complaint Over Copyright Law. First off today, John Silk at Deutsche Welle reports that the highest court in the European Union, the European Court of Justice (ECJ), has rejected a Polish challenge to the latest EU copyright directive. Let me know via Twitter @plagiarismtoday.

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Who’s Laughing Now? EUIPO Board of Appeal Rules that Banksy Can Keep his Trademark and Anonymity Too

IPilogue

Background Banksy’s graffiti artwork Laugh Now first appeared in Brighton, England, in 2002. Typically, artists protect their artwork using only copyright law. However, artists are required to reveal their identity when claiming copyright infringement. street artist Banksy.

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Fair Use for Documentaries in US Copyright Law: Brown v Netflix

Kluwer Copyright Blog

In February 2019, Tamita Brown, Glen S. 106(1)) and indirectly (by inducement of copyright infringement, contributory copyright infringement, and vicarious copyright infringement) infringed their copyright by distributing and streaming the film. Photo by Geoff Gill via Pixabay.

Fair Use 102
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Infographic | Copyright legal dispute

Olartemoure Blog

He used a cropped photo based on one of Goldsmith’s images to create his artwork. The photographer threatened to sue the Foundation alleging copyright infringement. In April 2017 the Andy Warhol Foundation sued Goldsmith for a declaration of non-infringement.

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AI Generated Art and its conflict with IPR

IIPRD

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. This is a major point of contention in the realm IP laws today whether or not AI can be given the said rights and protections under law.

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Revisiting Bananas, Duct Tape, Walls, & Copyright–Morford v. Cattelan

Technology & Marketing Law Blog

This case involves Morford’s 2001 artwork named “Banana and Orange.” Cattelan created artwork named “Comedian” in 2019. The court displayed the respective artworks: Morford sued Cattelan for copyright infringement. ” Independently (?), VINDICATED!!! Cattelan , 2023 U.S.