Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 111

Blogging Social Media Television Fair Use 111

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. Goldsmith counterclaimed for copyright infringement.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

Blogging 52

Blogging Law IP Fair Use 52

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. Because AWF did not dispute that the remaining fair use factors favored Goldsmith, the Court affirmed the Second Circuit’s finding of copyright infringement.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” scholarship, or research is not an infringement of copyright.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” scholarship, or research is not an infringement of copyright.”

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

The IPKat

JULY 23, 2023

The developers filed motions to dismiss the claim which Judge William Orrick almost agreed with, but gave the illustrators another chance to refile a new complaint urging them to show how their artwork was actually involved. James explores private and public initiatives which are unlocking opportunities for IP-backed financing.

Confidentiality 40

Confidentiality Artwork Registration Intellectual Property 40

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Fair Use Precedent? 106A of the U.S.

Fair Use 135

Fair Use Copyright Moral Rights Copyright Law 135

43(B)log

FEBRUARY 2, 2024

DJ sought declaratory judgment that Prince Series as such was transformative, grounded in the artwork itself; a static claim w/o regard to specific use or purpose. But real focus is on Conde Nast’s activities as publisher—the next quote is about how the purpose of the use was the same: “use in magazines to illustrate stories about Prince.”

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49