IP Tech Blog

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith, Andy Warhol not only used Ms. Goldsmith et al, Case No.

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LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. 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.

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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. 3] Graham v.

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Kluwer Copyright Blog

APRIL 8, 2024

In an ever more fragmented digital landscape, this provision has become a key instrument of self-regulation, playing a crucial role in the allocation of rights and obligations around the licensing of copyrighted works as training data (see here ).

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc.

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LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

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LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

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LexBlog IP

JUNE 2, 2023

The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. Goldsmith et al, Case No. Goldsmith et al, Case No.

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Kluwer Copyright Blog

JUNE 30, 2021

Chapman (‘plaintiffs’) collectively filed a copyright infringement lawsuit against Netflix, Amazon, and Apple (‘defendants’), claiming that the defendants had directly and indirectly infringed their copyright over the song “ Fish Sticks n’ Tater Tots ” by using it in their documentary titled ‘Burlesque’ ( Brown v. Netflix , Inc. ).

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Copyright Lately

OCTOBER 24, 2022

Fair use and de minimis defenses are often unreliable, and even if you have a solid case, defending copyright infringement lawsuits is an expensive proposition. In 1997, the Second Circuit reversed the district court’s finding that BET made fair use of Faith Ringgold’s “Church Picnic Story” quilt.

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JD Supra Law

MAY 22, 2023

Years later, Goldsmith granted a limited one-time use license for Vanity Fair to use one of her photos of Prince as an “artistic reference for an illustration.” However, Warhol went further and created a series of artwork based on Goldsmith’s photograph. By: Carrington Coleman

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Traverse Legal Blog

OCTOBER 20, 2022

Non fungible tokens (NFTs) , the latest vehicle for capturing, linking to and licensing intellectual property. NFTs are being used in all forms of entertainment, gaming, art and science. That NFT can be transferred or licensed to subsequent NFT owners, all of which is recorded on the blockchain. . Does “Fair Use” Apply to NFTs?

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LexBlog IP

MAY 19, 2023

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. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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Plagiarism Today

DECEMBER 8, 2021

Fitzpatrick’s videos includes reviews of manga and anime offerings and often makes use of the source material but in a limited capacity. According to Fitzpatrick, he ensures that himself and those that work for him follow both YouTube’s fair use policy and the various countries that they operate in.

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LexBlog IP

MAY 19, 2023

In 1984, Vanity Fair sought to license the photograph for an “artist reference” in a story about the musician. Goldsmith agreed to license a one-time use of the photograph with full attribution. The first factor of fair use considers the nature of and reasons for a copier’s use of an original work. [4]

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Copyright Lately

SEPTEMBER 12, 2022

One of Deadly Doll’s popular designs is a cartoon image of a bikini-clad pin-up girl holding a skull: Deadly Doll’s original artwork. Deadly Doll has applied versions of its artwork to various products, including tops and sweatpants: Deadly Doll’s artwork as reproduced on useful articles.

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Olartemoure Blog

JANUARY 18, 2023

In 1984, Vanity Fair licensed one of her black-and-white studio portraits for $400 and commissioned Warhol to create a piece for a feature of Prince. He used a cropped photo based on one of Goldsmith’s images to create his artwork.

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IIPRD

APRIL 8, 2024

This article delves into the ongoing debate around the issue of right of ownership of copyright by AI generators for their novel artwork. And then further questions like if given protection under IPR, will that be fair to the initial creators, whose works were used without consent or licensing to create these so-called novel art pieces?

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JIPEL Copyright Blog

APRIL 11, 2022

Outside of consent from the original work’s author, the best legal defense for appropriation art is the doctrine of fair use. While Goldsmith had licensed the Prince photograph to be used by Andy Warhol for a piece commissioned by Vanity Fair in 1984, the license ended there.

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Plagiarism Today

OCTOBER 26, 2021

If the costume isn’t licensed, why is it not infringing regardless of the name change? In short, Juice Demon is Juice Demon because he can’t be Beetlejuice, not without a license. However, commercial use of costumes still raises legal questions. They are part fashion, part artwork, part branding and part character.

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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. Warhol was never personally a party to the license). 21-869 (2022).

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43(B)log

MAY 2, 2023

19, 2022) Technically, the trademark analysis here is weird (the parties agreed that the copyright fair use analysis would determine the trademark fair use analysis; the plaintiff’s lawyer is Higbee, FWIW), but the trademark claim is so clearly Dastar -barred and parasitic on the copyright claims that it’s hard to object.

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Biswajit Sarkar Copyright Blog

DECEMBER 20, 2022

There are certain exceptions to copyright infringement that can be used as a shield in such cases. Firstly, the exception of fair use. One has to check if the way in which the photograph is being used falls within the scope of fair use. This time, in 2013, the judgement in favour of Cairou was overturned.

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Kluwer Copyright Blog

JULY 24, 2024

While creative industries claim their work has been not only stolen but specifically used to replace them, AI providers continue, remarkably, to insist that the millions of images ‘fed’ to the AI can be used without permission as part of the ”social contract” of the Internet. Is it a proper copyright ownership or an assigned license?

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LexBlog IP

APRIL 6, 2022

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use defense. Goldsmith opposed the Petition.

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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.

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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.

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IP Tech Blog

SEPTEMBER 25, 2023

As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system. See Questions 6-14 of Notice.

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Kluwer Copyright Blog

JULY 16, 2023

.” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph.

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LexBlog IP

SEPTEMBER 25, 2023

.” As the Notice further highlights, the USCO has been engaged over the years on questions involving machine learning and copyright, and, in fact, has issued decisions recently declining to register an artwork generated by AI and parts of a graphic novel that were created using a generative AI system.

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IIPRD

JUNE 9, 2024

The Judicial POV There have been various representative cases that are widely known for utilizing third-party content about copyright without genuine permission or license. Hermès claimed that Rothschild’s digital artworks infringed upon its legally protected intellectual property rights. Mason Rothschild.

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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. We were not aware that the image may have been created by AI” 2.

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Kluwer Copyright Blog

MAY 9, 2023

The biggest copyright law question in the EU and US is probably whether using in-copyright works to train generative AI models is copyright infringement or falls under the transient and temporary copying and TDM exceptions (in the EU) or fair use (in the US). In the aftermath of cases like Authors Guild v.

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Copyright Lately

JANUARY 23, 2023

It will learn that tables most commonly have four legs, but not always; that tables found in a dining room are used for seated persons to eat meals, while tables found next to a bed are used to hold objects like alarm clocks; that tables don’t need to be made from any particular material or have a particular color, etc.

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Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e.,

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IP Tech Blog

JUNE 8, 2023

Today, in a unanimous decision , the Supreme Court held that the First Amendment will not protect an infringers’ use of a confusingly similar trademark for its goods – even if it is a humorous parody. Thus, unlike VIP’s Bad Spaniels’ mark, none of those uses sanctioned under Rogers could have confused consumers as to the source of the goods.

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LexBlog IP

SEPTEMBER 15, 2022

Licensing of rights: How should IP rights in the associated asset be licensed in an NFT context? ” So although it was the NFTs themselves that garnered prices comparable to real-life luxury handbags, Hermès’ infringement claim necessarily had to center around unauthorized use of the mark for the underlying artwork.

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