Art Law, Copyright and Fair Use - Intellectual Property Pulse

No Fair Use for Warhol Prince Photo

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.

Fair Use

Fair Use Artwork Intellectual Property Copyright Law

Fair Use of Copyright Images in Your Blog

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.

Fair Use

Fair Use Blogging Copyright Social Media

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

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. 4] ), and issued a new decision in which it reached the same result. [5].

Fair Use

Fair Use Derivative Work Art Licensing

The College Art Association Guide to Fair Use

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

Fair Use Art Art Law Law

Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright Act

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.

Fair Use

Fair Use Copyright Art Copyright Law

Understanding Fair Use with a Dr. Seuss and Star Trek Mashup

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

Fair Use Copyright Infringement Publishing Copyright

"While the end result. will be hailed by photographers and other similarly-situated content creators, it also ratchets up the confusion meter for anyone sitting on the sidelines trying to make sense of the Second Circuit’s fair use landscape."

The Art Law Blog

MARCH 30, 2021

Copyright Lately's Aaron Moss has a similar reaction to mine re the Second Circuit's Warhol decision: "The clear import of Goldsmith is that courts should not automatically recognize any alteration to an original work as transformative—regardless of who’s doing the altering. Who knows."

Fair Use

Fair Use Copyright Law

Using Orphan Works (Copyright Holder Can’t Be Located)

Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? The post Using Orphan Works (Copyright Holder Can’t Be Located) appeared first on Art Business Journal. It may be possible if you analyze the orphan work properly.

Copyright

Copyright Journalism Art Business

Using Orphan Works (Copyright Holder Can’t Be Located)

Art Law Journal

MARCH 11, 2021

If the owner of a copyrighted work cannot be found, can I use it? Louis Smoller. It may be possible if you analyze the orphan work properly.

Copyright

Copyright Public Domain Fair Use Copyright Infringement

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

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.

Litigation

Litigation Intellectual Property Art Fair Use

"Last month, three federal appellate judges in Manhattan decided they knew more about art than any old critic or philosopher" (UPDATED)

The Art Law Blog

APRIL 5, 2021

"Whether they quite meant to or not, their ruling had the effect of declaring that the landmark inventions of Duchamp and Warhol — the 'appropriation' they practiced, to use the term of art — were not worthy of the legal protection that other creativity is given under copyright law."

Art

Art Fair Use Copyright Law Invention

Videographers Must Obtain Music Licensing Rights

Art Law Journal

MARCH 13, 2018

For years, videographers have used music as a backdrop in their films, short videos, and documentaries. The law around music licensing is pretty clear: a license is required to use copyrighted music in a video. This has been a standard practice since the dawn of music recordings.

Music

Music Licensing Copyright Law

2019 is a Huge Year for Public Domain Art

Art Law Journal

JANUARY 15, 2019

Steve Schlackman. On Jan 1, 2019, we not only ushered in a new year but also an unprecedented amount of creative works entering the public domain.

Public Domain

Public Domain Art Fair Use Copyright

Who Really Owns The Art: Creator or Buyer

Art Law Journal

JUNE 28, 2018

Buying visual art, such as an oil painting, and we may have joint ownership along with its creator. Steve Schlackman. So what did we really buy?

Art

Art Ownership Fair Use Copyright Infringement

"After such consideration, we emphatically reject AWF’s assertion that Google 'comprehensively refutes the panel’s reasoning.'"

The Art Law Blog

AUGUST 24, 2021

The Second Circuit stands by its Warhol-Goldsmith fair use decision , even after Google v. The issue here does not pit novel forms of art against philistine censorship, but rather involves a conflict between artists each seeking to profit from his or her own creative efforts. The amended decision is here.

Fair Use

Fair Use Art Copyright Copyright Law

Intellectual Property Pulse

No Fair Use for Warhol Prince Photo

Fair Use of Copyright Images in Your Blog

Trending Sources

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

The College Art Association Guide to Fair Use

Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright Act

Understanding Fair Use with a Dr. Seuss and Star Trek Mashup

"While the end result. will be hailed by photographers and other similarly-situated content creators, it also ratchets up the confusion meter for anyone sitting on the sidelines trying to make sense of the Second Circuit’s fair use landscape."

Using Orphan Works (Copyright Holder Can’t Be Located)

Using Orphan Works (Copyright Holder Can’t Be Located)

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

"Last month, three federal appellate judges in Manhattan decided they knew more about art than any old critic or philosopher" (UPDATED)

Videographers Must Obtain Music Licensing Rights

2019 is a Huge Year for Public Domain Art

Who Really Owns The Art: Creator or Buyer

"After such consideration, we emphatically reject AWF’s assertion that Google 'comprehensively refutes the panel’s reasoning.'"

Stay Connected