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Using that classic piece of art on a book cover: Grr…

The IPKat

Works of art, in the form of the reproduction of a painting, frequently adorns the cover of a reissued edition of a renowned novel. Beyond the obvious attempt to draw a connection between the artwork and the book based a shared sense of the "classical", the artwork also seeks to evoke a more specific connection with the contents of the book.

Art 133
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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

Copyright is the type of Intellectual Property most often associated with artistic works like fine art, movies, or books. Copyright only protects: original works of authorship fixed in a tangible medium. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school.

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Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

At a fundamental level, each type of Intellectual Property focuses on a different creative work: copyright protects visual art and writings, trademark protects the names, symbols, or slogans for products or services, and patent protects inventions. Copyright only protects: original works of authorship fixed in a tangible medium.

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Copyright and Transformative Fair Use

Patently-O

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. The published article acknowledges Goldsmith. The Copyright Act promises the original creator some amount of control over similar and follow-on works.

Fair Use 134
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The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. A third reflection emerges: undoubtedly, Warhol’s work was created based on Goldsmith’s.