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2022 Copyright Law Recap: Andy Warhol, Social Media Content, And Taking Shortcuts In Copyright Applications

JD Supra Law

Supreme Court heard arguments regarding whether pop artist Andy Warhol’s artwork made fair use of a photo of a music legend, Prince, in Andy Warhol Foundation for the Visual Arts, Inc. This case is important because it may provide additional guidance in the very murky area of transformative use under copyright law.

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Atari’s Copyright Claim Against State Farm Survives Challenge

Copyright Lately

I first wrote about this case back in March , when Atari filed a complaint accusing State Farm and its advertising partners of improperly appropriating artwork from Atari’s 1983 arcade game “Crystal Castles” for a 6-second online video advertisement. A screenshot from the (now deleted) social media video at the center of the controversy.

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

Copyright Lately

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. 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. Andy Warhol Foundation v.

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Using AI Artwork to Avoid Copyright Infringement

Copyright Lately

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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State Farm’s Nod to Nostalgia Sparks Copyright Clash With Atari

Copyright Lately

Video game publisher Atari Interactive has launched a copyright infringement lawsuit against State Farm, claiming that the insurer improperly appropriated artwork from Atari’s 1983 arcade game “Crystal Castles” for an advertising campaign as part of a “cynical plot” to resonate with fickle millennial and Gen Z consumers.

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Ping® By AdlerLaw – Public Art & Social Media

LexBlog IP

However, in 5Pointz the building owner consented to the artwork installation. So if graffiti can be protected, does one need permission from the artist to photograph the work and then “publish” it to a social media platform? This is almost exactly the same fact pattern as the 5Pointz case. ” Canilao v.

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Deadly Dolls and a Forgotten Copyright Exception

Copyright Lately

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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