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

LexBlog IP

In litigation, the case ping-ponged from the district court (ruling for Warhol) to the appeals court (ruling for Goldsmith), then finally went to the Supreme Court. Or can it be read narrowly to apply only to licensing situations where the ‘copy’ is being substituted commercially for the original? Related Attorneys: John L.

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Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

Controversy” [8] : The Litigation. Also in its amended opinion, in light of the Supreme Court’s decision in Google , the court placed newfound emphasis on the consideration of the “public benefits” the copying will likely produce as part of its analysis of the fourth fair use factor—the effect of the use on the market for the original.

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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. Proposal 9.

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Stop, thief! How to win big in a copyright infringement case

Art Law Journal

Congress included a “statutory damages” provision in the Copyright Act to ensure that artists receive guaranteed compensation for an infringement along with making any infringement case easier and faster to litigate. More importantly, copyright is a no-fault law so it doesn’t matter why or how the violation occurred.

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Free Mickey? (Don’t Be Goofy)

LexBlog IP

Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. The law gives copyright owners a monopoly to exploit and monetize creative works. But not so fast. He can be reached at KEeverage@dickinsonwright.com or 702-550-4426.