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Why do artists infringe copyright – the tension between artistic creativity and copyright law

IPilogue

As an avant-guard artist of his time, Warhol used the mechanical process of copying to challenge the conventional notion of art. In this sense, the act of copying is the very medium of Warhol’s art. There seems to have always been tension between artistic creativity and copyright law.

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Supreme Court Rules adaption of Warhol print not “fair use”

Indiana Intellectual Property Law

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

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SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

The IP Law Blog

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

I’m talking about section 113(c) , which allows photographs of useful articles incorporating copyrighted works to be made and used without violating copyright law. One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork.

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Artists Attack AI: Why The New Lawsuit Goes Too Far

Copyright Lately

Stable Diffusion Doesn’t Store Copies of Training Images The complaint also mischaracterizes Stable Diffusion by asserting that images used to train the model are “stored at and incorporated” into the tool as “compressed copies.” None of it includes copies of images. You’d be wrong.

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SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

LexBlog IP

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith.

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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.

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