Art Law Copying Copyright Infringement 
Art Law Journal
JUNE 16, 2022
A painting, a sketch on a napkin, or even a photo displayed on an iPhone, are all physical mediums that are subject to copyright protection. The copyright holder (usually the creator but could also be a company or other entity) has the exclusive right to make copies, publicly display, distribute, and create derivatives of the artwork.
LexBlog IP
MAY 24, 2023
SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. Goldsmith’s photo can be found here , as well as Warhol’s commercial use.
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Art Law Journal
JANUARY 21, 2021
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 […].
LexBlog IP
JUNE 27, 2023
The Eyes have it–Original photograph by Lynn Goldsmith (left); Work by Andy Warhol (right) After hearing from Goldsmith’s lawyers (the photographer was not pleased), the Foundation moved in the SDNY to have the court clarify the matter of copyright. Goldsmith counter-sued, claiming copyright infringement.
LexBlog IP
FEBRUARY 28, 2022
In 2017, the Warhol Foundation sued Goldsmith and her agency for a declaratory judgment that the Prince Series works are non-infringing or, in the alternative, that they constitute a fair use of the Prince Photograph. Goldsmith counterclaimed for copyright infringement. for Visual Arts, Inc. 2d 191, 192 (S.D.N.Y.
LexBlog IP
JULY 14, 2023
sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida. [1] Morford’s claim is barred by the copyright doctrine of merger. 22] The banana is a real banana. [23]
Kluwer Copyright Blog
JULY 14, 2023
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.
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