Remove 2019 Remove Derivative Work Remove Fair Use Remove Marketing
article thumbnail

Kanye West Faces A Copyright Infringement Lawsuit: Is “Fair Use” Fair?

IPilogue

In 2019, West was also hit with a lawsuit for unauthorized use of a sound recording on his Grammy-nominated song, “Ultralight Beam.” To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder. The fair use defence is rarely used in music sampling cases.

Fair Use 111
article thumbnail

Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

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] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

article thumbnail

Second Circuit: Addressing Fair use Defense

IP and Legal Filings

The United States Court of Appeal for the Second Circuit ruled that the use of Lynn Goldsmith’s 1981 photograph was not fair use by Andy Warhol’s image of a musical artist. This overturns a 2019 decision of the United States District Court for the Southern District of New York. District Court judgment. These were-.

article thumbnail

Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

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.

article thumbnail

HIT NETFLIX CONTENT AND THE COPYRIGHT INFRINGEMENT THAT FOLLOWS

JIPL Online

7] Before the court could decide if the subtitled version, a type of derivative work, could still be protected even if the underlying film on its own was available to be used by all, both parties settled. [8]. 9] Both parties reached an amicable settlement. [10] 11] The case has also been settled. [12] ANALYSIS/PREDICTION.

article thumbnail

What Goldsmith Means to AI Trainers

IP Intelligence

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. The district court agreed, but was reversed by the Second Circuit, which found the degree of new expression insufficient to justify a finding of fair use. Goldsmith , 598 S.

Fair Use 105