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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.

Art 133
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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

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Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

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.

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What Copyright’s “Unclaimable Material” Rules Mean for Hollywood’s Use of AI

Copyright Lately

Howell ruled last Friday that the Register of Copyrights did not act “arbitrarily or capriciously” in denying a copyright registration to Dr. Stephen Thaler for artwork generated entirely by artificial intelligence. What is Unclaimable Material? Previously registered material. Material that is in the public domain.

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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

More importantly, because the work must be tangible, that also means that an idea can’t be copyrighted , only the execution of that idea. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school. That’s an idea for a story. However, these rights do not last forever.

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Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

More importantly, because the work must be tangible, that also means that an idea can’t be copyrighted , only the execution of that idea. For example, anybody can publish a book about three teenagers who solve magical mysteries at a wizarding school. That’s an idea for a story. Copyright Duration.

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The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

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. 3] Regardless of the creative level of a work, copyright comes with limitations. A film based on a book serves as an example.