Erik K Pelton

DECEMBER 20, 2022

The Court has also agreed to hear a patent case this term, and it will rule on a copyright fair-use case brought by the Andy Warhol Foundation for the Visual Arts that was heard this fall. Hetronic International, Inc. which will determine the scope of the Lanham Act as applied to trademark infringement that occurs outside the US.

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Trademark Non-Fungible Tokens All Rights Reserved False Advertising 130

IPilogue

JUNE 30, 2022

Additionally, the defendants were also found to be publishing a magazine with the same name and offering for sale various merchandise using content from the movie, including its title, in the same logo script. are not eligible for copyright protection. As stated above, Canadian copyright law also does not protect titles of works.

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The TTABlog

MARCH 28, 2023

s Text Copyright John L. Coggins) [Section 2(d) refusal of the mark VA & design (below left) for numerous goods in five International Classes, including jewelry handbags, sweaters, t-shirts, and footwear, in view of the mark VA (Stylized) (below right) registered for, inter alia , jewelry handbags, sweaters, t-shirts, and footwear.]

Artwork 59

Artwork Television Designs Design 59

Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

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Art Copyright Public Domain Copyright Law 52

IPilogue

OCTOBER 7, 2022

The Globe and Mail reported on August 7, 2022 that Innovation Minister Francois-Philippe Champagne and Heritage Minister Pablo Rodriguez are working on reforming the Copyright Act to include an artist resale right (ARR) within the scope of the act’s protections. Not all Canadian galleries oppose ARRs. Inuit Art Foundation’s website.

Art 105

Art Moral Rights Artwork Editing 105

IPilogue

SEPTEMBER 23, 2022

Recently, Shein is once again being sued for copyright infringement. District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S. Mollman versus Shein.

Business 59

Business Artwork Intellectual Property Copyright Infringement 59

The TTABlog

NOVEMBER 30, 2022

Text Copyright John L. for "Collectible trading cards; Sports trading cards," in view of the registered marks KABOOM COMICS & COLLECTIBLES & Design for "Retail store services featuring comic books," and KABOOM! Read comments and post your comment here. TTABlog comment: Any predictions? See any WYHAs or WYHPs? Welch 2022.

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Artwork Design Designs Registration 59

SpicyIP

MARCH 16, 2025

A quick glance at last week finding the real Burger King saga continues now at the Supreme Court, EDs involvement in the Shankar-Tamilnandan copyright case, right to health and compulsory licensing for rare disease medicine Risdiplam. The inclusion of copyright infringement in an anti-money laundering statute sounds a little strange, right?

Trademark 59

Trademark Copyright Brands Branding 59

Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. 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.

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Copyright Derivative Work Fair Use Copyright Law 52

Technology & Marketing Law Blog

MAY 30, 2022

Recently, a district court in the same circuit took up a very similar issue, assessing Viacom’s trademark and copyright infringement claims against the owner and operator of a pop-up restaurant and bar called The Rusty Krab. Defendants, meanwhile, operate themed pop-up restaurants and bars in Houston, Texas.

Blogging 111

Blogging Social Media Television Fair Use 111

LexBlog IP

MAY 24, 2023

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. And Warhol often cited “mass production” as a justification for his artwork.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

LexBlog IP

MAY 25, 2023

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.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

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 in the U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

IP Tech Blog

JUNE 2, 2023

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act.

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Fair Use Derivative Work Copying Licensing 57

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. Here are the most popular posts over the past few months. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

Blogging 52

Blogging Law IP Fair Use 52

LexBlog IP

JUNE 2, 2023

Of course, like many creators, we might have hoped for a ruling that would give artists greater leeway to use pre-existing works freely, but as attorneys, we believe that Goldsmith is consistent with both precedent and the spirit of the Copyright Act.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. In 1984, Goldsmith gave Vanity Fair permission to use the photograph in a new commissioned purple silkscreen portrait by Warhol that appeared in the magazine’s November issue.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. In 1984, Goldsmith gave Vanity Fair permission to use the photograph in a new commissioned purple silkscreen portrait by Warhol that appeared in the magazine’s November issue.

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

CopyrightsWorld

JUNE 10, 2021

Do you want to get hired by a fashion magazine? And remember to copyright protect the best of your work, and all your work actually, in case someone tries to steal it. It’s from the same set of artwork for event promotion. This is probably what your employer would believe to be a plus. Showcase your best work, nothing less.

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Designs Design Art Business 98

Garrigues Blog

JUNE 1, 2021

For many, bullfighting is an art, but this does not necessarily mean that a bullfight is a work in which the bullfighter holds a copyright. Out post addressed the questions that the Supreme Court must answer when deciding whether a bullfight can be an original work and therefore protectable by copyright. There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 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

Olartemoure Blog

JANUARY 18, 2023

He used a cropped photo based on one of Goldsmith’s images to create his artwork. The photographer became aware of the use of her photograph in 2016 when Prince died, and the Andy Warhol Foundation licensed the use of Warhol’s “Prince Series” to use in a magazine commemorating his life.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

Copyright Lately

MAY 22, 2023

Instead, we’re taught that “[w]hether the use of a copyrighted work has a further purpose or different character” is a “matter of degree.” ” In other words, it’s a good time to be a copyright lawyer. Put another way, it ain’t what you do, it’s the way that you do it.

Fair Use 100

Fair Use Licensing Copying Artwork 100

Kluwer Copyright Blog

JUNE 5, 2023

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. Yet this would not mean that these works were thereafter unencumbered by Goldsmith’s copyright.

Derivative Work 93

Derivative Work Fair Use Licensing Art 93

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

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. On May 11, the U.S. 2] A week later, the U.S. 2] A week later, the U.S.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

43(B)log

AUGUST 9, 2024

Christopher Buccafusco, Copyrighting Style There are plenty of precedents that say style isn’t ©able. Copyright attaches to works, not ouvres. Path forward: copyright consists in the original properties by which a work expresses: by which it represents, denotes, and exemplifies. Jacobs, Bandana v. TJX, Reece v. Whyte Monkee v.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Patently-O

OCTOBER 11, 2022

On October 12, 2022, the Supreme Court will hear oral arguments in the fair use copyright case of Andy Warhol Foundation, Inc. Andy Warhol admittedly used Lynn Goldmith’s copyrighted photographs of Prince as the basis for his set of sixteen silkscreens. Goldsmith , Docket No. 21-869 (2022). Prince did not personally model for Warhol.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

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