LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

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Fair Use Artwork Intellectual Property Copyright Law 52

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

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Fair Use Derivative Work Art Licensing 97

Art Law Journal

OCTOBER 24, 2018

Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.

Fair Use 52

Fair Use Art Art Law Law 52

Art Law Journal

JULY 31, 2020

Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.

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Fair Use Blogging Copyright Social Media 73

Art Law Journal

MAY 19, 2018

Here, we discuss the resulting copyright infringement case, and whether a court may find the work permissible under the fair use doctrine. Comic book publisher ComicMix allegedly created a mashup of a popular Dr. Seuss book with elements of the iconic Star Trek TV series.

Fair Use 52

Fair Use Copyright Infringement Publishing Copyright 52

LexBlog IP

APRIL 18, 2022

Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. Goldsmith counterclaimed for copyright infringement.

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Fair Use Copyright Art Copyright Law 40

LexBlog IP

JUNE 27, 2023

adopting that posture of indifference, the majority does something novel (though in law, unlike in art, it is rarely a good thing to be transformative).” The decision has been both decried as an assault on the future of art and hailed as a major vindication for photographers. ’” Take that.

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Litigation Intellectual Property Art Fair Use 52