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 s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2]

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IP and Legal Filings

JANUARY 2, 2025

Even while the fair use doctrine can protect violators if they are using it for educational purposes, copyright problems with social media platforms in India are becoming worse every day. Ning Zhang , Copyright Infringement on YouTube- Understanding Consequences and Best Practices , (29 TH 2023). 1 (2022). [5]

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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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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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Copyright Lately

AUGUST 14, 2023

Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Among other things, the court held that there was a factual dispute as to whether or not defendants’ purpose in using Sedlik’s image of Miles Davis was “commercial.”

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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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Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. 21-869 (May 18, 2023). Andy Warhol Foundation for the Visual Arts, Inc.

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Copyright Lately

DECEMBER 29, 2024

Fair Use Declawed. This overly restrictive interpretation of the Supreme Courts 2023 Warhol decision sent shockwaves through the filmmaking community, which often relies on fair use to incorporate brief historical footage into their works for entirely new and different purposes. Whyte Monkee Productions, LLC v.

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Copyright Lately

DECEMBER 24, 2023

Thousands will compete, many are objectively baseless, but only five can be crowned the worst of the worst copyright lawsuits of 2023. This year, I’m counting down the five most frivolous, ill-conceived, and all-around cringeworthy copyright lawsuits of 2023. When Netflix refused to pay up, Cramer sued for copyright infringement.

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43(B)log

JUNE 19, 2023

Globalgurutech LLC, 2023 WL 3998459, No. 14, 2023) I’ve been thinking a lot after Jack Daniel’s about the role of common sense in trademark. & Arts 187 (2004), and the Seventh Circuit in practice, are all about using common sense rather than doctrine to limit the scope of trademark rights. Xfinity Mobile v.

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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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JD Supra Law

FEBRUARY 13, 2025

On February 11, 2025, Judge Bibas of the Third Circuit, sitting by designation in the US District Court for the District of Delaware, issued a decision granting partial summary judgment to Thomson Reuters in the closely watched case of Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc. By: Jenner & Block

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43(B)log

MARCH 10, 2023

2023 WL 2372059, No. 14, 2023) Plaintiffs sued defendants for state and federal trademark infringement and related claims. Plaintiff WATL is allegedly the preeminent governing body and league for the sport of axe throwing and uses the trademark “WATL” to market and publicize the axe throwing league. Cold Steel Inc., 3d at 1177.

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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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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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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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Plagiarism Today

OCTOBER 25, 2021

De La Santos mentions these allegations in his response to the lawsuit, which also makes arguments of fair use and that he is an “innocent infringer,” an argument that could potentially lessen any damages against him. 3: Music Publishers Propose Higher Streaming Payments.

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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.

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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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JD Supra Law

MAY 22, 2023

On May 18, 2023, the U.S. 21-869, analyzing the Copyright Act’s first fair use factor and affirming the Second Circuit’s ruling that the licensing of Andy Warhol’s adaptation of the respondent’s photograph of Prince to a print publication did not constitute fair use. Lynn Goldsmith et al., Lynn Goldsmith et al.,

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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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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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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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The IP Law Blog

JANUARY 19, 2023

In this case, the Supreme Court will decide whether the Andy Warhol Foundation made fair use of a photo of the late artist Prince. In short, the matter at issue will address when a work is sufficiently transformative to qualify for fair use protection under the Copyright Act. We’ll start with Andy Warhol Foundation v.

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Copyright Lately

OCTOBER 20, 2024

The judge did side with the airline on its copyright infringement claim, ruling that Skiplagged had used American’s flight symbol logo without permission as recently as August 2023. The jury sided with Skiplagged, finding that the defendant proved that its use of American’s trademarks was a nominative fair use.

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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.

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JD Supra Law

MAY 23, 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.

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IP and Legal Filings

MARCH 5, 2025

Tackling Deep Fakes: Fair Use or Infringement of Personality Rights (Mondaq, 7 November 2023) <[link] accessed 17 January 2025. 13] ‘Tackling Deep Fakes: Fair Use or Infringement of Personality Rights’ (Mondaq, 7 November 2023)[link] 17 January 2025. [14] 10] Ibid. [11] 11] Ibid. [12]

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JD Supra Law

MAY 30, 2023

On May 18, 2023, the United States Supreme Court held that the “purpose and character” of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s portrait of Prince did not favor a determination of fair use. By: Locke Lord LLP

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SpicyIP

DECEMBER 30, 2023

As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.

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Velocity of Content

FEBRUARY 26, 2025

This article originally appeared in the Scholarly Kitchen Back in March of 2023, when there were only a handful of cases alleging copyright infringement for training purposes by AI companies, I predicted that we would soon have some guidance from the court in Thomson Reuters Enterprise Center GMBH and West Publishing Corp. The answer is no.

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LexBlog IP

MAY 18, 2023

Litigation ensued, in which AWF advanced fair use as its defense. The Court of Appeals reversed, finding that all four fair use factors favored Goldsmith. Today (May 18, 2023) the United States Supreme Court rejected AWF’s fair use defense, finding in Goldsmith’s favor.

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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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BYU Copyright Blog

OCTOBER 7, 2024

Internet Archive's Fair Use Defense Falls Short Fair Use,Literary Works,Infringement Found October 07, 11:03 AM October 07, 11:03 AM On May 15, 2024, we published a post about an important legal dispute between the Internet Archive (IA) and the publisher Hachette, along with other major publishers (the Publishers").

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Kluwer Copyright Blog

JANUARY 15, 2024

Copyright and AI was one of the topics covered in the Third Roundtable that was held on 28-29 August 2023. They are waiting to see what US courts decide in the current legal actions against AI companies and whether other countries take any legislative action in this fast-changing technical landscape.

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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, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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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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