2023 Artwork Licensing Marketing 
LexBlog IP
MAY 19, 2023
In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.
Copyright Lately
MAY 22, 2023
In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use.
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Kluwer Copyright Blog
OCTOBER 17, 2023
Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,
LexBlog IP
JULY 7, 2023
Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v.
LexBlog IP
SEPTEMBER 15, 2022
Thom Tillis and Patrick Leahy they will deliver findings by June 2023. Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? Meanwhile, several other federal district courts are struggling with how to apportion value in the context of digital marketplace transfers.
Kluwer Copyright Blog
FEBRUARY 2, 2023
AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.
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. Some artists were concerned that to allow such appropriation without limits would undercut the secondary market for original works of art.
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