Artwork Copying Magazine Marketing 
Copyright Lately
MAY 22, 2023
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. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.
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.
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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.
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.
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. Some artists were concerned that to allow such appropriation without limits would undercut the secondary market for original works of art.
Technology & Marketing Law Blog
MAY 30, 2022
Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.
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.
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