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 52

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] It found that all four fair use factors weighed against fair use. [12]

Fair Use 97

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.

Fair Use 73

Fair Use Blogging Copyright Social Media 73

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. The district court granted summary judgment in the Foundation’s favor, holding that Warhol’s work constituted fair use.

Fair Use 40

Fair Use Copyright Art Copyright Law 40

LexBlog IP

JUNE 27, 2023

In any case, the US Supreme Court has again confounded the legal world by upending expectations, if not years of precedent – though this time in the intellectual property arena. Goldsmith [1] also has the potential to upend long-held practices in the art world. .” Or maybe he took the phrase from someone else.

Litigation 52

Litigation Intellectual Property Art Fair Use 52

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 58

Copyright Public Domain Fair Use Copyright Infringement 58