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No Fair Use for Warhol Prince Photo

LexBlog IP

Art Law in Session To illustrate, Vanity Fair paid the Andy Warhol Foundation $10,000 to use his work (which borrowed significantly from Goldsmith’s photo), while People paid Goldsmith $1,000 for her image. Goldsmith’s photo can be found here , as well as Warhol’s commercial use.

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Apples and Oranges: District Court Grants Maurizio Cattelan’s Summary Judgment Motion in Copyright Claim Against His Art Basel Banana

LexBlog IP

1] ; The claim, which the Hughes Hubbard Art Law blog first reported on in December 2022, [2] arose from an art installation Cattelan created for Art Basel Miami Beach in December 2019 that consisted of a banana duct-taped onto a white wall. [3] Morford’s claim is barred by the copyright doctrine of merger.

Art 52
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Copyright for Architectural Designs

Art Law Journal

At that time, anyone could reproduce buildings that looked identical to those created by others, as long as they didn’t actually use copied drawings to build them. That is probably because, before 1990, there wasn’t much protection for building designs. With the passage […].

Designs 52
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Warhol and Prince: Good Artists Borrow, Great Artists…Litigate

LexBlog IP

For the Court, Justice Sotomayor opined: Goldsmith’s original photograph of Prince, and AWF’s copying use of that photograph in an image licensed to a special edition magazine devoted to Prince, share substantially the same purpose, and the use is of a commercial nature. The answer is a definitive.maybe. [5]

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court finds that transferring title to mural also transferred (c); VARA and CMI claims against ad also fail

43(B)log

Williams wasn’t entitled to a rebuttable presumption that he was the copyright owner because he only submitted a copy of his Public Catalog search results, not his certificate of registration. The court found that the only reasonable interpretation of the contract was that “Work” referred to both the physical mural and the copyright.

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Who Owns Works Created by a Freelancer?

Art Law Journal

Nobody can copy, distribute, or display the work without the author’s permission. Steve Schlackman. As a general rule, when an artistic or literary work is created, the author is the one that holds the copyright. When a painting is sold, the buyer owns the painting itself, but does not have the right to use that image for […].

Copying 53
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Digital collections from GLAM institutions: Policy Paper

Kluwer Copyright Blog

In a policy paper , copyright and art-law experts led by the author clarified the general copyright law principles applicable to stakeholders dealing with digital cultural heritage worldwide and formulated recommendations, addressed to policy-makers, to facilitate their digital activities. Proposal 8.