Indiana Intellectual Property Law

JUNE 1, 2023

In a 7-2 majority opinion authored by Justice Sotomayor, the court found that both Warhol’s artwork and Goldsmith’s original photograph served the same purpose of depicting Prince in magazine stories about him. The commercial nature of the copying further weighed against fair use.

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Fair Use Derivative Work Artwork Copyright Infringement 97

Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement. In this blog we will take a look at best practices to avoid copyright infringement.

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LexBlog IP

JUNE 26, 2023

. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable for trade dress infringement for willfully copying, manufacturing, and selling identical JSC furniture pieces.

Copying 52

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Copyright Lately

OCTOBER 6, 2024

A new lawsuit over Broadway’s Stereophonic tests copyright’s limits, as Fleetwood Mac’s former sound engineer claims the hit play copies his real-life story about working on the Rumours album. Case in point is the recent lawsuit over the magazine article that inspired the film Top Gun.

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Art Copyright Copying Copyright Law 126

Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

SpicyIP

OCTOBER 28, 2022

As reported on Entrackr , Pocket FM has filed a copyright infringement case against Kuku FM before the Delhi High Court. Pocket FM alleges that Kuku FM has violated its copyright by providing audio summaries of books to which Pocket FM has exclusive rights to create audiobooks. Image from here. The matter is still being heard.

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Copyright Copyright Infringement Licensing Fair Use 126

TorrentFreak

APRIL 18, 2024

According to the publishers’ complaint, around 8,200 pirated copies of manga and magazines (73,000 volumes) were offered on Mangamura. Copyright infringement cases are not limited to pirated sites targeting manga, but also include movies, anime, etc., and the scope of damage is wide-ranging.

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Publishing Copyright Infringement Copying Copyright 125

Copyright Lately

APRIL 6, 2024

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. As always, I’d love to know what you think. Hit me up in the comments below or on your favorite social media app @copyrightlately.

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Copyright Copyright Infringement Social Media Licensing 99

TorrentFreak

AUGUST 19, 2022

Millions of scientific papers, novels, textbooks, and magazines are now just a couple of clicks away, making unlicensed sites like Sci-Hub and Libgen both wildly popular and prime candidates for anti-piracy enforcement. Copyright Infringement Allegations.

Publishing 145

Publishing Government Copyright Infringement Copyright 145

IP Intelligence

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music.

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Fair Use Licensing Art Music 105

Velocity of Content

JANUARY 9, 2024

According to recent Outsell data for Life Science organizations, 59% of knowledge workers in this industry don’t strongly agree that they think about copyright issues before forwarding information and 62% don’t strongly agree that copyright infringement has serious risks and implications.

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Copyright Journalism Licensing Copyright Infringement 98

Kluwer Copyright Blog

FEBRUARY 28, 2024

Such uses, they argue, constitute copyright infringement. Over the course of a decade, Google copied large volumes of books and made them available online, both through excerpts, known as “snippets”, and as entire publications. As such, it was permissible under United States copyright law. Fair Use Precedent?

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TorrentFreak

APRIL 27, 2024

The downside was that pirates would create bootleg copies. “So, I was tasked to collect evidence against video rental shops that carried illegal copies of it. “The best [achievement] is the CJEU ruling that The Pirate Bay is a copyright-infringing service. “When ‘E.T.

Copyright Infringement 120

Copyright Infringement Copying Content Creation Marketing 120

TorrentFreak

AUGUST 20, 2024

The organization explained that its complaint wasn’t a straightforward copyright infringement matter actionable under Section 512 of the DMCA. “N/MA’s members publish copyrighted content on websites protected by paywalls which the technology identified below [BPC] circumvents. .”

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Publishing Technology Advertising Advertising 127

SpicyIP

MARCH 16, 2025

Plagiarism and PMLA: Taking a look at the EDs involvement in the Shankar- Tamilnandan Enthiran Copyright Saga MHC stays ED’s move to attach Shankar’s assets under PMLA in connection with the 15-year-old Robot copyright dispute with writer Arur Tamilnandan. The Court noted that defendant no.1 vs Telegram Fz Llc & Ors.

Trademark 59

Trademark Copyright Brands Branding 59

Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab? The court then moves on to consider Viacom’s copyright infringement claim.

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Blogging Social Media Television Fair Use 111

SpicyIP

MARCH 9, 2025

Case Summaries Abbott Healthcare Private Limited vs Vinsac Pharma on 17 February, 2025 (Delhi High Court) Abbott Healthcare sued two defendants for trademark and copyright infringement, claiming they deceptively copied its well-known LIMCEE Vitamin C tablets by selling LIMEECEE with similar packaging.

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Trademark Patent Copyright Patent Application 59

WIPO Magazine

SEPTEMBER 6, 2023

In May 2023, a US court found that Ed Sheeran’s hit Thinking Out Loud did not copy Marvin Gaye’s Let’s Get It On. The crux of this case was that while parts of the two songs are similar, those parts are unprotected elements that are freely available for everyone to use.

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Copyright Infringement Music Copying Copyright 52

Technology & Marketing Law Blog

DECEMBER 13, 2024

But the suit, in which 24-year-old influencer Sydney Nicole Gifford accuses another influencer, 22-year-old Alyssa Sheil, of copying both her posts and her style, may have an outsized effect on the law around online content creation. On first read, I thought the suit was a stretch, and Im not the only one.

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Blogging Social Media Law IP 64

LexBlog IP

MAY 24, 2023

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. The post No Fair Use for Warhol Prince Photo appeared first on Syed Law®

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Fair Use Artwork Intellectual Property Copyright Law 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated art was used for magazine covers, including Cosmopolitan and The Economist. Text and data mining There is wide disparity in the scope of exceptions in national copyright laws permitting copying for the use of training AI. We were not aware that the image may have been created by AI” 2.

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Copyright Art Registration Fair Use 145

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. Because AWF did not dispute that the remaining fair use factors favored Goldsmith, the Court affirmed the Second Circuit’s finding of copyright infringement.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

Technology & Marketing Law Blog

JUNE 20, 2023

Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. Goldsmith responded with a counterclaim of copyright infringement.

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Fair Use Derivative Work Blogging Licensing 98

IPilogue

JANUARY 11, 2023

The newspaper’s print and digital formats reach over 6 million readers every week, with Report on Business magazine reaching over 2.5 Publishing is, of course, one of the core copyright industries – if not the core industry historically associated with copyright. million readers every issue in print and digital.

Journalism 80

Journalism Privacy Contracts IP 80

Copyright Lately

JANUARY 29, 2024

Late last week they filed a federal court copyright infringement and right of publicity lawsuit against Dudesy, LLC, along with Sasso and Kultgen personally ( read the complaint here ). Here are seven words you should never say in a copyright infringement case: “I don’t have a copyright registration yet.”

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Registration Television Advertising Advertising 101

LexBlog IP

MAY 24, 2023

The Court countered that while relevant to whether a copying use has a sufficiently distinct purpose or character, it is not, without more, dispositive. Here, the specific use of Goldsmith’s photograph alleged to infringe her copyright is AWF’s licensing of Orange Prince to Condé Nast. 12–38.

Fair Use 40

Fair Use Copyright Licensing Copying 40

LexBlog IP

JUNE 27, 2023

Her 1981 black-and-white photo of Prince was used as the source for colored prints by Warhol, who in turn was commissioned to create a single work for a 1984 article about the musician in Vanity Fair magazine. [3] 3] Goldsmith received a small licensing fee for this use and was co-credited with Warhol in the magazine.

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Litigation Intellectual Property Art Fair Use 52

LexBlog IP

MAY 31, 2023

Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference. Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine. Goldsmith counterclaimed for copyright infringement.

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LexBlog IP

JUNE 5, 2023

The case began after Prince died in 2016, when Vanity Fair magazine’s parent company, Condé Nast, published a special commemorative magazine celebrating his life. The magazine credited Goldsmith for the “source photograph”: 1984 Article, which had two Lynn Goldsmith attributions. Acuff-Rose Music, Inc. ,

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Fair Use Derivative Work Art Licensing 52

SpicyIP

NOVEMBER 15, 2022

Mr M M Kariappa vs Advance Magazine Publishers, Inc on 10 November, 2022 (Karnataka High Court) Karnataka High Court allowed the appeal and over-ruled the order of the District Court which had restrained the Appellant from using the mark VOGUE. 20 Lakh to Louis Vuitton in a Trademark infringement suit against Club Factory.

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Trademark Patent Copyright Designs 105

Kluwer Copyright Blog

JULY 16, 2023

Top 3 Kluwer Copyright Blog posts 1) Generative AI, Copyright and the AI Act by João Pedro Quintais “ Generative AI is one of the hot topics in copyright law today. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. It will focus on the s.10(3)

Blogging 52

Blogging Law IP Fair Use 52

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. Goldsmith counterclaimed for copyright infringement.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

IPilogue

DECEMBER 13, 2022

In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek. Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School.

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Art Fair Use Intellectual Property Licensing 78

LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 19, 2023

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S.

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Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

JUNE 7, 2023

Warhol created these silkscreens from a photograph of Prince taken by Lynn Goldsmith, who claimed copyright infringement when the Warhol estate licensed Orange Prince to Conde Nast after Prince’s passing in 2016 to illustrate an article about Prince’s life and music. ” See 143 S. ’” Id. at 1278–79.

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