Artwork Magazine Marketing 
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.
IPilogue
JUNE 30, 2022
Additionally, the defendants were also found to be publishing a magazine with the same name and offering for sale various merchandise using content from the movie, including its title, in the same logo script. Regarding confusion, the court held that the internet has created an additional market for “Sholay”. in recent years.
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Copyright Lately
MAY 22, 2023
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.
IPilogue
OCTOBER 7, 2022
Interestingly, a study done in the UK by WIPO entitled “ The Economic Implications of the Artist’s Resale Right ” demonstrated that the resale right had no negative impact of the price of artworks or the competitiveness of markets. WIPO Magazine, “ The artist’s resale right: a fair deal for visual artists ” by Catherine Jewell.
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. Some artists were concerned that to allow such appropriation without limits would undercut the secondary market for original works of art.
LexBlog IP
MAY 19, 2023
Vanity Fair commissioned Andy Warhol to create a silkscreen using Goldsmith’s image and used Warhol’s piece in the magazine with attribution as promised. Throughout her career, Goldsmith regularly photographed celebrities and licensed those photographs to magazines for articles about that celebrity.
IP Tech Blog
JUNE 2, 2023
When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Thus, it remains to be seen whether creating a piece of derivative artwork would be considered fair use while licensing in competition with underlying work’s author would be infringing.
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