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 two products were also similar in terms of artwork, colour scheme and packaging.

Trademark 58

Trademark Copyright Branding Brands 58

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.

Blogging 111

Blogging Social Media Television Fair Use 111

LexBlog IP

MAY 25, 2023

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. 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

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. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

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.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

LexBlog IP

MAY 19, 2023

The Supreme Court narrowed its attention to the only issue before it, the use of the image in a magazine instead of Goldsmith’s photo, as opposed to as a series of paintings/lithographs. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Kluwer Copyright Blog

JULY 16, 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. It will focus on the s.10(3)

Blogging 52

Blogging Law IP Fair Use 52

Art Law Journal

AUGUST 18, 2022

Laws regarding the use of a person’s likeness, also known as the right of publicity, ensures that a model or other subject of an artwork controls the commercial exploitation of their name, image, or persona. The Model has produced a valid driver’s license, birth certificate, or other proof of age to the Publisher. ENTIRE AGREEMENT.

Publishing 85

Publishing Art Contracts Artwork 85

Copyright Lately

MAY 22, 2023

In a 7-2 decision , the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about the late musician shared “substantially the same purpose” as the original Lynn Goldsmith photo from which Warhol’s silkscreen was derived, and therefore weighed against fair use.

Fair Use 98

Fair Use Licensing Copying Artwork 98

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. However, such uses must be licensed or be held unfair.

Derivative Work 93

Derivative Work Fair Use Licensing Art 93

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. There was no image copyright credit or compensation to Lynn Goldsmith.

Copyright 98

Copyright Artwork Copyright Infringement Fair Use 98

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. AWF licensed the “Orange Prince” to Condé Nast for an article about Prince.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

JULY 7, 2023

Supreme Court affirmed the Second Circuit Court of Appeals’ holding that the Andy Warhol Foundation’s licensing of Warhol’s Orange Prince , a print based on a photograph of the late musician by defendant Lynn Goldsmith, did not constitute fair use of the Goldsmith photograph. [3] 2] A week later, the U.S. 3] Graham v.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

43(B)log

AUGUST 9, 2024

Licensing=only really deep pockets can play, and even they will have access to a far more limited set of training data, steering © system towards more bias and fewer voices. Warhol Foundation, majority found, didn’t offer a persuasive justification for offering a license to Conde Nast to use Orange Prince on a magazine cover.

Fair Use 59

Fair Use Marketing Marketing Licensing 59

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. One reason why the magazine knew to reach-out to Goldsmith was that her photos had also previously been used as magazine cover-art.

Fair Use 134

Fair Use Copyright Derivative Work Art 134

43(B)log

FEBRUARY 2, 2024

Goldsmith SCOTUS understood the “use” to be the foundation’s commercial licensing. But licensing is neither a © use nor an act of infringement. 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.

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49