2023 Artwork Derivative Work Marketing 
LexBlog IP
MAY 19, 2023
On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.
Copyright Lately
MAY 22, 2023
Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
LexBlog IP
MAY 19, 2023
Upon failure to resolve the matter privately, AWF filed suit against Goldsmith, seeking a declaratory judgment that Warhol’s works did not infringe Goldsmith’s copyright in the original photograph, or, in the alternative, Warhol’s works constituted fair use of the subject photograph. [1] 1] See Andy Warhol Found.
LexBlog IP
JULY 7, 2023
8] Second, as to the works’ purpose, the court found that it was unclear whether Prince intended to create a parody of the original photographs, a satire of society’s use of social media, or neither, pointing out Prince’s own contradictory testimony on the question. [9] Many derivative works. 2023) (slip op.,
Intellectual Property Law Blog
JUNE 5, 2023
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith , 598 U.S. _ (2023). [2]
Kluwer Copyright Blog
JULY 24, 2024
Yet especially in the business-to-consumer or “B2C” context, these ToS have often been reviled as largely unread, not understood, and creating an abusive relationship of imbalance of power in monopolistic or oligopolistic markets. in Europe through the Copyright in the Digital Single Market Directive and the Digital Services Act ).
LexBlog IP
JUNE 5, 2023
On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s The nature of the copyrighted work. The amount and substantiality of the portion used in relation to the copyrighted work. Goldsmith , 598 U.S. _ (2023).
Expert insights. Personalized for you.
52 
Let's personalize your content