Music Making Gen AI: A Deeper Dive into Fair Use
The Illusion of More
JULY 11, 2024
In February 2023, I argued that using copyrighted works for the purpose of training generative artificial intelligence (GAI) products is not fair use.
Copyright Fair Use Purpose and Character: SCOTUS Says Transformation Alone Isn’t Enough
JD Supra Law
MAY 22, 2023
On May 18, 2023, the U.S. Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The Court held that because both Warhol’s art and the Petitioner’s photograph were used with magazine articles about Prince, the purpose and character of both works were the same.
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May 2023 Roundup of Copyright News
Copyright Alliance
JUNE 1, 2023
Goldsmith case, reining in the transformative use test under the first fair use […] The post May 2023 Roundup of Copyright News appeared first on Copyright Alliance. Supreme Court finally issued its long-awaited decision in the Andy Warhol Foundation v.
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Copyright Cases in 2023: A Year in Review
Copyright Alliance
JANUARY 9, 2024
Copyright enthusiasts knew that 2023 would bring with it a highly anticipated decision in one of the biggest fair use cases in decades: Andy Warhol Foundation v. Indeed, […] The post Copyright Cases in 2023: A Year in Review appeared first on Copyright Alliance. Lynn Goldsmith.
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Supreme Court Addresses Copyright Fair Use Defense in Goldsmith
JD Supra Law
MAY 22, 2023
On May 18, 2023, the U.S. Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. Lynn Goldsmith et al., Lynn Goldsmith et al., By: Skadden, Arps, Slate, Meagher & Flom LLP
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Court to Revisit Fair Use in Tattoo Infringement Case
Copyright Lately
AUGUST 14, 2023
Photographer Jeff Sedlik and tattoo artist Kat Von D each claim that the Supreme Court’s Warhol decision entitles them to summary judgment in their long-running copyright dispute. Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D).
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Fair Use Question Goes to Trial in AI Copyright Lawsuit – Thomson Reuters v. Ross Intelligence
JD Supra Law
NOVEMBER 13, 2023
On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross Intelligence, a legal-research artificial intelligence (AI) startup. By: Farella Braun + Martel LLP
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[Video] Webinar | Trademark & Copyright 2023 Year in Review
JD Supra Law
FEBRUARY 7, 2024
2023 brought several notable developments in trademark and copyright law, including cases that touched on artificial intelligence and generative AI, copyright fair use, and the extraterritorial application of the Lanham Act. McCormick for our annual Trademark & Copyright Year in Review webinar.
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Supreme Court Weakens Fair-Use Defense for Copyright Infringement Claims
JD Supra Law
JUNE 13, 2023
On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. 1258 (2023). Andy Warhol Found. for the Visual Arts, Inc. Goldsmith, 143 S. By: Lathrop GPM
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Let’s Go Hazy: Making Sense of Fair Use After Warhol
Copyright Lately
MAY 22, 2023
Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. 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. Andy Warhol Foundation v.
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Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder
JD Supra Law
JUNE 6, 2023
The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. By: Benesch
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Fair Use and Warhol’s Prince Silkscreens
JD Supra Law
MAY 30, 2023
Last week, the Supreme Court decided an important copyright case on the question of fair use in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, 2023 WL 3511534. By: Clark Hill PLC
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Supreme Court Rules Andy Warhol’s Prince Portraits Not Fair Use
JD Supra Law
MAY 19, 2023
On May 18, 2023, the US Supreme Court, in a much-anticipated decision, held that portraits of the musician Prince by Andy Warhol do not constitute fair use under copyright law. The 7 – 2 decision in Andy Warhol Foundation for Visual Arts, Inc.
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Copyright and AI in Australia: 2023 in Review
Kluwer Copyright Blog
JANUARY 15, 2024
Photo by Joey Csunyo on Unsplash In recent years, copyright departments in governments around the world have been preoccupied with AI’s effects on copyright industries and, more recently, copyright law challenges created for AI industries. Which copyright issues has the Australian government been grappling with?
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Reflecting on the Interplay Between Real Estate and Intellectual Property in 2023 - Landmark Trademark Cases and Copyright Conundrums
JD Supra Law
JANUARY 18, 2024
As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come.
Fair Use: Graham v. Prince and Warhol v. Goldsmith
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.
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Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use
JD Supra Law
MAY 22, 2023
For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol Foundation for Visual Arts, Inc. By: Miller Canfield
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D.C. Circuit Court of Appeals Holds Non-Commercial Use of Industry Standards Incorporated into Law Is Fair Use
JD Supra Law
SEPTEMBER 18, 2023
On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. holding that non-commercial use of standards incorporated by reference into law is fair use and not copyright infringement. Public.Resource.Org, Inc.,
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xQc and the 2023 Reaction Video Controversy
Plagiarism Today
AUGUST 16, 2023
The post xQc and the 2023 Reaction Video Controversy appeared first on Plagiarism Today. Streamer and YouTuber xQc is under fire for his reaction videos. Here's why it's not the first such battle and why this may be different.
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Trademark and Copyright Cases to Watch in 2023
The IP Law Blog
JANUARY 19, 2023
It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. We’ll start with Andy Warhol Foundation v. Next, we have Abitron Austria GmbH v. There, U.S.-based
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Religious Group Targets Parent With Copyright Lawsuit Over Kids’ Curriculum
TorrentFreak
JULY 14, 2024
However, a quest by local parents, to raise public awareness of the nature of that instruction, has led to one of their group in Indiana being sued by LifeWise for copyright infringement. Copyright Complaint, Religious Controversy Filed in the Northern District of Indiana (Fort Wayne Division) on July 2, 2024, plaintiff LifeWise Inc.
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Reddit Reports Surge in Copyright-Related User Bans
TorrentFreak
APRIL 17, 2024
A few hours ago, the company released its latest transparency report detailing the actions it took in the second half of 2023. 779,628 ‘Infringing’ Items Flagged At TorrentFreak, we are mostly interested in copyright-related actions. That said, the company does signal a significant increase in copyright-related user bans.
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In Andy Warhol Foundation for the Visual Arts v. Goldsmith, the Supreme Court Revisits the Copyright Fair Use Test
JD Supra Law
JUNE 6, 2023
On May 18, 2023, the U.S. Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s photograph of the artist known as Prince. By: Pillsbury - Internet & Social Media Law Blog
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Controlled Digital Lending: A Copyright Analysis
IP and Legal Filings
JANUARY 16, 2024
The libraries use this concept of CDL justify the mass digitalization of copyright works digital versions of their legally obtained items and lending them to patrons in a controlled manner. This rule covers lending digital copies of copyrighted works, while works in the public domain can be freely digitized.
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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use
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. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work.
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Copyright Parody Exception Denied Due to Defendant’s Discriminatory Use
TorrentFreak
JANUARY 17, 2024
is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. Acuff-Rose sued members of hip hop group 2 Live Crew, claiming that their track “Pretty Woman” infringed the label’s copyright in the Roy Orbison song, “Oh, Pretty Woman.”
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Generative AI and Copyright – Some Recent Denials and Unanswered Questions
Intellectual Property Law Blog
OCTOBER 3, 2023
The growth of artificial intelligence (“AI”) and generative AI is moving copyright law into unprecedented territory. While US copyright law continues to develop around AI, one boundary has been set: the bedrock requirement of copyright is human authorship. Given this, it is clear in the US, AI alone cannot be an author.
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The Biggest Copyright Decisions Of 2023: A Midyear Report
IP Law 360
JULY 24, 2023
Supreme Court held in a widely anticipated decision that Andy Warhol's portrait of musician Prince wasn't fair use, while the U.S. Copyright Office partially canceled a copyright registration on a comic book after finding its illustrations came from an artificial intelligence platform.
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Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023
The IP Law Blog
DECEMBER 29, 2023
Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v.
Award-Winning AI Art Not Copyrightable
The IP Law Blog
SEPTEMBER 14, 2023
Despite receiving this accolade and Allen’s arguments that he contributed significant creative elements to the AI-generated Work, his attempts to copyright the work have been unsuccessful. Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work.
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Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo
JD Supra Law
JUNE 1, 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 s (AWF), in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act.
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using competitor's images in comparative advertising is fair use even when appearance isn't being compared
43(B)log
APRIL 26, 2023
LLC, 2023 WL 3066119, No. 24, 2023) “This case arises out of alleged misuse of copyrighted images, eventually leading to a dispute … that resulted in false business reviews, malicious e-mails, and mutual efforts to interfere with each other’s business.” The ads used the entire images. I Dig Texas, LLC v. Creager Servs.,
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A Blow to Visual Artists? What the U.S. Supreme Court's Latest Copyright “Fair Use” Decision May Mean for Copyright Protection and AI-Generated Content
JD Supra Law
MAY 31, 2023
Last Thursday, May 18, 2023, the U.S.
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Infographic | Copyright legal dispute
Olartemoure Blog
JANUARY 18, 2023
The photographer became aware of the use of her photograph in 2016 when Prince died, and the Andy Warhol Foundation licensed the use of Warhol’s “Prince Series” to use in a magazine commemorating his life. There was no image copyright credit or compensation to Lynn Goldsmith.
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Copyright case: American Society for Testing & Materials v. Public.Resource.Org, Inc., USA
Kluwer Copyright Blog
OCTOBER 24, 2023
The posting of the privately-developed standards constitutes fair use—at least when done for non-profit purposes. September 12, 2023, Kastas, G.). Case date: 12 September 2023 Case number: No. Public.Resource.Org, Inc.,
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Year in Review: The Briefing’s Top 3 Podcast Episodes in 2023
LexBlog IP
DECEMBER 29, 2023
Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v.
Trademark and Copyright Cases to Watch in 2023
LexBlog IP
JANUARY 19, 2023
It’s always good to start off the year with an overview of trademark and copyright cases to watch. In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. We’ll start with Andy Warhol Foundation v. Next, we have Abitron Austria GmbH v.
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This Blog Has Jumped the Shark: I’m Covering a Copyright Opinion About a Tattoo of Tiger King’s Joe Exotic–Cramer v. Netflix
Technology & Marketing Law Blog
OCTOBER 25, 2023
Instead, she gets a 12(b)(6) dismissal based on fair use. Purpose and Character of Use. Implications This case generally sidesteps the interesting issues involving tattoos and copyrights, but the ruling does have tattoo-specific elements. A fair use win on a motion to dismiss is a good candidate for a 505 fee shift.
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AI and copyright in 2022
Kluwer Copyright Blog
FEBRUARY 2, 2023
This post looks back at the key developments in AI and copyright in 2022, covering generative AI, text and data mining exceptions, the pastiche exception, deep fakes, voice cloning and infringement and enforcement of copyright using AI. Very few jurisdictions expressly provide for copyright in computer-generated works.
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SoCal IP Law Institute MCLE meeting of November 13, 2023 – discussing the copyright law behind Taylor Swift’s masters controversy
CoCal IP Law Institute
NOVEMBER 8, 2023
Please join us on Monday, November 13, 2023 at Noon, where we will discuss the issue of master ownership and the legal copyright conflicts between record labels and artists. Taylor Swift may be the first to make this copyright issue truly public, leaving fans wondering who really owns Swift's music and why.
US Copyright Office and AI: Notice of Inquiry and the Théâtre D'opéra Spatial case
The IPKat
SEPTEMBER 27, 2023
The deadline to respond is 18 October 2023. The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress. The USCO will use this information to analyse the current state of the law, identify unresolved issues and to advise the Congress.
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Is “A Change [] Gonna Come”?: Music Publishers Sue AI Startup Anthropic for Copyright Infringement
LexBlog IP
NOVEMBER 17, 2023
and Universal Music Group (“Plaintiffs”) sued AI start-up Anthropic PBC (“Anthropic”) on October 18, 2023, in the United States District Court for the Middle District of Tennessee “to address the systematic and widespread infringement of their copyrighted song lyrics” by Anthropic. ABCKO Music, Inc.,
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Is Generative AI Fair Use of Copyright Works? NYT v. OpenAI
Kluwer Copyright Blog
FEBRUARY 28, 2024
In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. Fair Use Precedent? As such, it was permissible under United States copyright law. copyright law.
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Publishers Take a Hatchet to Free Digital Libraries
JD Supra Law
MAY 8, 2023
On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’ copyrights and was not a fair use. By: Irwin IP LLP
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