Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Registration Fair Use 145

IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Goldsmith et al, Case No.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

SpicyIP

MARCH 16, 2025

1 failed to contest the case despite multiple opportunities and was found to have deliberately copied the plaintiffs branding, leading to consumer deception. The two products were also similar in terms of artwork, colour scheme and packaging. The Court noted that defendant no.1 Living Media India Limited & Anr.

Trademark 59

Trademark Copyright Branding Branding 59

LexBlog IP

MAY 25, 2023

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. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 19, 2023

The Supreme Court narrowed its attention to the only issue before it, the use of the image in a magazine instead of Goldsmith’s photo, as opposed to as a series of paintings/lithographs. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

Blogging 52

Blogging Law IP Fair Use 52

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.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Garrigues Blog

JUNE 1, 2021

The EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” on the grounds that it was filed in bad faith. The decision had such an impact, that Garrigues received the Impact Case of the year award in Spain, from the prestigious magazine Managing IP. There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 52

CopyrightsWorld

JUNE 10, 2021

Do you want to get hired by a fashion magazine? Physical copy matters too! It’s from the same set of artwork for event promotion. If your target audience is couples or families for your photography business, your portfolio may contain wedding photos or family photoshoots. Only looking at the desktop version is a big mistake.

Design 98

Design Designs Art Business 98

Copyright Lately

MAY 22, 2023

Meanwhile, by the time the case reached the Court, photographer Lynn Goldsmith had limited her challenge to AWF’s act of licensing Warhol’s work to Condé Nast for use in a magazine commemorating Prince’s death. Put another way, it ain’t what you do, it’s the way that you do it. “[T]he first fair use factor.

Fair Use 100

Fair Use Licensing Copying Artwork 100

LexBlog IP

MAY 19, 2023

Vanity Fair commissioned Andy Warhol to create a silkscreen using Goldsmith’s image and used Warhol’s piece in the magazine with attribution as promised. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. Oracle America, Inc.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

JULY 7, 2023

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. 22] The Court also clarified and arguably narrowed its decision in Campbell v. .”

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

43(B)log

AUGUST 9, 2024

Writing ad copy, which authors need to sell their works. Warhol Foundation, majority found, didn’t offer a persuasive justification for offering a license to Conde Nast to use Orange Prince on a magazine cover. That is, the thing copyright hates most is not copying itself, but copying that substitutes. Whyte Monkee v.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Patently-O

OCTOBER 11, 2022

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. Although Andy Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. Court of Appeals for the 2nd Circuit has held).

Fair Use 134

Fair Use Copyright Derivative Work Art 134