LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

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.

Cease and Desist 204

Cease and Desist Artwork Fair Use Plagiarism 204

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. Let’s dive in!

Fair Use 52

Fair Use Art Licensing Derivative Work 52

Plagiarism Today

OCTOBER 26, 2021

Besides, even if a rightsholder did decide to target such home uses (which would likely be against their self-interest), it is almost certain that it would be found to be a fair use. However, commercial use of costumes still raises legal questions. They are part fashion, part artwork, part branding and part character.

Trademark 246

Trademark Copyright Cease and Desist Copying 246

Kluwer Copyright Blog

AUGUST 7, 2023

2] At one end of the spectrum, we find plagiarism: a completely derivative work that fails to contribute any creative elements to the original piece. Nevertheless, the challenge for the law lies in establishing clear parameters to differentiate between a new work, a derivative work, and plagiarism. O fair use no direito autoral.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Copyright Lately

JANUARY 23, 2023

Let’s Talk About Derivative Works Subject to fair use and other defenses, a copyright owner has the exclusive right to prepare derivative works based upon the copyrighted work. But before we get there, we need to ask a fundamental question: What’s a derivative work?

Derivative Work 108

Derivative Work Art Copying Fair Use 108