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. The magazine issue included the credit “source photograph © 1984 by Lynn Goldsmith/LGI.”

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IP and Legal Filings

SEPTEMBER 12, 2022

Cooper case, a work does not have to be entirely unique in order to be protected by copyright; rather, there needs to be some effort put into it and it cannot be a carbon copy of another person’s work. The lack of organisation and ambiguity make the protection problematic even if the work is copyrighted.

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Kluwer Copyright Blog

AUGUST 7, 2023

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. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

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LexBlog IP

JUNE 5, 2023

The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. The magazine credited Goldsmith for the “source photograph”: 1984 Article, which had two Lynn Goldsmith attributions. ” Id. ” Id.

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Velocity of Content

JUNE 15, 2023

“If an original work and a secondary use share the same or highly similar purposes, and the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.” The application of Warhol v Goldsmith to the Thomson v.

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LexBlog IP

FEBRUARY 28, 2022

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series. NPG Records. [30]

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Patently-O

OCTOBER 11, 2022

Court of Appeals for the 9th Circuit, and other courts of appeals have held), or whether a court is forbidden from considering the meaning of the accused work where it “recognizably deriv[es] from” its source material (as the U.S. Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on.

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