IP Law 360

DECEMBER 9, 2022

An art editor has urged the U.S. Supreme Court to take up his dispute with a copyright holder over a French court's €2 million infringement judgment regarding photos of artist Pablo Picasso's work, arguing that the Ninth Circuit parted ways with its sister circuits when it determined that his use of the photos didn't count as fair use.

Fair Use 97

Fair Use Art Copyright 97

IP Watchdog

DECEMBER 12, 2021

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”

Fair Use 124

Fair Use Copyright Law Law Copyright 124

Plagiarism Today

AUGUST 21, 2023

Court tosses USCO case over AI art, court to revisit fair use tattoo case and Lord of the Rings fan fiction author loses vs Amazon. The post 3 Count: Non-Copyrighted AI appeared first on Plagiarism Today.

Copyright 230

Copyright Fair Use Plagiarism Art 230

Copyright Alliance

NOVEMBER 30, 2023

As seen in parts 1 and part 2 of our blog series, where there is art, there are artists who love to push boundaries, particularly in copyright law. This is […] The post Copyright Cases Visual Artists Should Know: Part 3, Fair Use appeared first on Copyright Alliance.

Fair Use 115

Fair Use Copyright Copyright Law Art 115

Intellectual Property Law Blog

JUNE 5, 2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

IP Watchdog

MARCH 28, 2022

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph.

Fair Use 105

Fair Use Art Litigation Intellectual Property 105

TorrentFreak

AUGUST 20, 2022

The UFC’s reputation as the world’s leading mixed martial arts promotion is the result of almost three decades of hard work and unwavering dedication to combat sports. Whether a fair use conversation actually took place is unclear, but the UFC says the strategy won’t work here.

Fair Use 129

Fair Use Copyright Licensing Intellectual Property 129

IP Law 360

AUGUST 24, 2022

The Ultimate Fighting Championship's new lawsuit over a documentary on mixed martial arts fighter Michael Bisping is the latest court case to grapple with the question of when filmmakers in the genre can incorporate copyrighted material in the name of fair use.

Fair Use 98

Fair Use Art Copyright 98

JD Supra Law

APRIL 13, 2022

Hyperbolic descriptions of the supposed importance of cases dealing with intellectual property rights are as numerous as they are unfounded, but that is not true when it comes to The Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, Case No. 21-869, in which the U.S. Supreme Court just granted certiorari.

Fair Use 98

Fair Use Intellectual Property Copyright Art 98

Plagiarism Today

FEBRUARY 15, 2024

The Copyright Claims Board has handed three more determinations, including one fair use issue and two questions on damages. The post 3 New Copyright Claims Board Decisions appeared first on Plagiarism Today.

Copyright 250

Copyright Fair Use Plagiarism Art 250

IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

Fair Use 116

Fair Use Derivative Work Copyright Art 116

Kluwer Copyright Blog

MAY 9, 2022

“Warhol Print” (Vanity Fair), Page 8, Andy Warhol Foundation for the Visual Arts, Inc. “Goldsmith Photograph”, Page 7, Andy Warhol Foundation for the Visual Arts, Inc. Starkly deviating from this trend was a Second Circuit panel decision in Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 96

Fair Use Derivative Work Art Licensing 96

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] Originals” [7] : The Works at Issue.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

Fair Use 102

Fair Use Copyright Law Copyright Law 102

Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.

Fair Use 91

Fair Use Licensing Copying Artwork 91

Technology & Marketing Law Blog

MARCH 3, 2022

The school moved to dismiss on fair use grounds, and the district court granted the motion and awarded attorneys’ fees to the school. (I Bell appealed to the Fifth Circuit, which easily affirms the fair use dismissal and attorneys’ fees. Nature of the Use. ” Bell sued anyways. Nature of the Work.

Fair Use 116

Fair Use Litigation Marketing Marketing 116

Kluwer Copyright Blog

JUNE 5, 2023

“Warhol Print” (Vanity Fair), Page 8, Andy Warhol Foundation for the Visual Arts, Inc. 2021) (available here ); “Warhol Print” also available here “Goldsmith Photograph”, Page 7, Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, 11 F.4th 4th 26 (2d Cir. Goldsmith, 11 F.4th 4th 26 (2d Cir. Acuff-Rose Music, Inc.

Derivative Work 87

Derivative Work Fair Use Licensing Art 87

JD Supra Law

MAY 22, 2023

Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The Court held that because both Warhol’s art and the Petitioner’s photograph were used with magazine articles about Prince, the purpose and character of both works were the same. On May 18, 2023, the U.S.

Fair Use 98

Fair Use Copyright Art 98

The Illusion of More

JUNE 1, 2023

Although the most straightforward cases of fair use thus involve a secondary work that comments on the original in some fashion, in Cariou v. Prince, we rejected the proposition that a secondary work must comment on the original in order to qualify as fair use. –

Art 111

Art Fair Use Copyright 111

Kluwer Copyright Blog

APRIL 8, 2024

Of particular concern is the so-called commercial exception in Art. And Article 53(1)(d) imposes an additional obligation on providers of general-purpose AI models to create and make publicly available a sufficiently detailed summary of the content used in the training of the model – according to a template to be provided by the AI office.

Fair Use 109

Fair Use Copyright Copying Technology 109

Intellectual Property Law Blog

APRIL 12, 2023

This is just the tip of the iceberg on how generative AI will be used in games and a variety of other creative industries. Music, film, art, comic books, and literary works are some other uses. AI tools are powerful and their use will no doubt be far reaching. In the near term, so too will the associated legal issues.

Fair Use 243

Fair Use Privacy Music Art 243

IP Law 360

AUGUST 12, 2022

Supreme Court should establish a clear standard for fair use in a copyright battle over Andy Warhol artwork based on a photo of musician Prince, arguing it's a chance for the court to spell out what counts as a transformative work. The head of the American Bar Association's copyright division said Friday that the U.S.

Fair Use 75

Fair Use Artwork Art IP 75

JD Supra Law

APRIL 19, 2022

Supreme Court recently granted a petition for writ of certiorari to review the extent to which a work of art is a “transformative” fair use under the Copyright Act.

Fair Use 98

Fair Use Copyright Art 98

Plagiarism Today

MAY 15, 2023

Court denies Grande Communications a new trial, Richard Prince suffers fair use setback, and the case against GitHub moves forward. The post 3 Count: Not Astounding appeared first on Plagiarism Today.

Fair Use 215

Fair Use Plagiarism Art Copyright 215

IP Law 360

MAY 19, 2023

Goldsmith narrows the scope of what qualifies as fair use, seemingly backtracking on nearly two decades of precedent, it does not close the door to appropriation art altogether, say Joshua Schiller and Benjamin Margulis at Boies Schiller. While the recent U.S. Supreme Court opinion in Andy Warhol Foundation v.

Fair Use 75

Fair Use Copyright Art 75

Creative Law Center

SEPTEMBER 12, 2018

Knowing how to use famous people in your fiction, art, or film can keep you from getting turned down by a publisher or producer or getting sued by a celebrity. The post How to Use Famous People in Fiction, Art, & Film appeared first on Creative Law Center.

Art 130

Art Publishing Law Fair Use 130

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , No.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Dear Rich IP Blog

APRIL 9, 2024

Trick photograph of man with two heads (1901) Dear Rich: I have a new, unique book soon to be published about judging the quality of art. Every image in the book, from ancient to contemporary art, is aesthetically critiqued, often with diagrams. From everything I've researched, all the images in the book should come under fair use.

Fair Use 52

Fair Use Art Artwork Licensing 52

IP Watchdog

MAY 18, 2023

Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. The Supreme Court ruled today in Andy Warhol Foundation v. Goldsmith, Lynn, et.

Fair Use 124

Fair Use Licensing Art Music 124

JD Supra Law

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Dawn Jackson is a co-author of this post and is a Summer Associate at Bradley. By: Bradley Arant Boult Cummings LLP

Fair Use 56

Fair Use Art Licensing 56

IP Law 360

JANUARY 18, 2024

Developers of generative artificial intelligence models are using vast datasets compiled by nonprofits to train large language models and text-to-art platforms, raising the question of whether AI companies can shield themselves from copyright liability because they did not compile or pay for the material.

Fair Use 85

Fair Use Art Copyright 85

The IP Law Blog

SEPTEMBER 14, 2023

Allen originally filed for copyright registration on September 21, 2022, but did not disclose that he had used an AI system to create the work. However, given the work was the first AI-generated art to win the Competition, the examiner was aware of the issue and requested more information. Therefore, they dismissed this argument.

Art 120

Art Copyright Registration Fair Use 120

JD Supra Law

OCTOBER 7, 2022

EDT, the Supreme Court of the United States will hear oral arguments in The Andy Warhol Foundation for the Visual Arts, Inc. On Wednesday, October 12, 2022, at 10 a.m. Goldsmith, No. Milliken, a director in Sterne Kessler’s Trial & Appellate Practice Group, will be live-tweeting updates from the firm’s account, @sternekessler.

Fair Use 98

Fair Use Copyright Infringement Art Copyright 98

SpicyIP

DECEMBER 6, 2023

In St Art India Foundation v. Acko General Insurance , the Delhi High Court is faced with the opportunity to elaborate whether and how street art in general is subject to the Copyright Act, the scope of ‘artistic work’ under Sec. 2(c), the fair use exemption thereof under Sec. Image from the order.

Moral Rights 49

Moral Rights Fair Use Art Artistic Work 49

Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. First off today, Ronald Mann at SCOTUSblog reports that, tomorrow, the Supreme Court of the United States (SCOTUS) is expected to hear arguments in the case of Andy Warhol Foundation for the Visual Arts, Inc.

Fair Use 189

Fair Use Reporting Licensing Plagiarism 189

43(B)log

FEBRUARY 4, 2023

A Few Words for a Lost Friend: Tribute to Dmitry Karshtedt (Bob Brauneis, Mark Lemley, Jake Sherkow) Closing Plenary Session: Fair use Robert Brauneis, Copyright Transactions in the Shadow of Fair Use Suppose a work does not infringe another work because and only because it’s been ruled a fair use.

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

IPilogue

DECEMBER 7, 2021

Perhaps this is what makes “ Who Is the Bad Art Friend? ” Published by the New York Times on October 5 th , 2021, “Who is the Bad Art Friend?” Who Is the Bad Art Friend” contains the expressed thoughts and feelings of its subjects, in contrast to articles in legal journals, which typically omit such information. so refreshing.

Copyright Infringement 111

Copyright Infringement Art Copyright Cease and Desist 111