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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IPilogue

SEPTEMBER 29, 2021

Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. In fact, nearly all creations by Andy Warhol are derivatives of existing images—celebrity photos, advertisements, magazine illustrations, etc.—to

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SpicyIP

OCTOBER 28, 2022

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. While pleadings are not uploaded online by the Delhi High Court, Entrackr has obtained copies of the pleadings and has discussed some of the key facts and arguments here.

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Velocity of Content

JANUARY 9, 2024

Ignoring Copyright is Risky Business Research in the life sciences depends in part on the ability to acquire and share scientific information, particularly journal articles, in a timely manner. In the United States, Sci-Hub has been sued twice for copyright infringement and lost both cases.

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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. But as the Yonay case shows, producers should be aware that paying once could land you in the danger zone if you don’t pay again, whether warranted or not.

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TorrentFreak

APRIL 11, 2023

Uberspace Responds to Court Verdict For starters, Pasche still doesn’t believe that it’s clear that youtube-dl violates copyright law. German law requires hosting companies to remove the content as soon as they learn about ‘clear’ or ‘obvious’ illegal activity. .

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Velocity of Content

OCTOBER 21, 2021

Access Copyright. The RRO in English-speaking Canada had sought to enforce a Copyright Board tariff against the University for its unauthorized distribution of copies of copyrighted materials to students, and the University had defended primarily on the basis of “fair dealing.”

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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated art was used for magazine covers, including Cosmopolitan and The Economist. We will keep the law under review and could amend, replace or remove protection in future if the evidence supports it.” Registration was refused in August 2019, in line with previous US case law and guidance.

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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 greatest defeat came in a Usenet-related lawsuit, where the court ultimately ruled that the provider was not violating copyright law.

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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. If you would like a consultation about your copyright, please feel free to contact us.

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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. By Guest Blogger Tyler Ochoa By a 7-2 vote, the U.S.

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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 in the U.S. copyright law.

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IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Goldsmith et al, Case No.

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Kluwer Copyright Blog

OCTOBER 9, 2022

According to Article 16 EU DSM Directive 2019/790 (“DSM Directive”), a “publisher” may have a claim to a share of the author’s statutory remuneration claims – such as fair compensation for private copies – if the author has granted the “publisher” a right in his work. But who is this “publisher”?

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Copyright Lately

JULY 8, 2023

As Judge Learned Hand once wrote , “Obviously, no principle can be stated as to when an imitator has gone beyond copying the ‘idea,’ and has borrowed its ‘expression.’ This case involved an infringement claim brought by artist Saul Steinberg , who drew the image for The New Yorker magazine cover on the left.

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IPilogue

DECEMBER 13, 2022

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. 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.

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Kluwer Copyright Blog

AUGUST 7, 2023

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. This brief post dives into this duality, as exampled by American and Brazilian law. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover.

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LexBlog IP

MAY 25, 2023

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

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IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Picture Credit: gettyimage]. What Constitutes Art.

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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. The post Does IP Law Protect Influencers Aesthetics?–Gifford –Gifford v.

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Velocity of Content

NOVEMBER 5, 2024

I received a copy of the paper from the author and supplied it to the client. Ultimately, they granted us permission to copy the article from a print source, and we filled the order.” Several years ago, I reached out to a small magazine to obtain an article. ARS team member for 5 years Are You Real?

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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. ” (S. ” See 143 S. ’” Id. ” Id.

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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. Here are the most popular posts over the past few months.

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IPilogue

APRIL 4, 2022

Her story then appeared in newspapers and magazines around the world. After a careful examination of multiple areas of law and a plethora of expert opinion – from legal academics, jurists, ethicists, medical professionals, trauma psychologists and scientists – we pursued several lines of approach. COMPLICATED MATTERS.

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LexBlog IP

FEBRUARY 11, 2024

You see, when I was growing up, computers took up entire rooms and content was published on paper – books, newspapers, magazines, and yes, sometimes even broadcast on television or radio. Copying was tedious. Copying took effort. Much of that content is protected by copyright laws. That was then, this is now.

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

A person authorises the use of the space for the transmission, sale, distribution, or display of an unauthorised work unless they know or have good reason to suspect that doing so will result in a copyright violation. The Purpose of copyright. How to prevent copyright infringement. Do not copy anything.

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43(B)log

AUGUST 9, 2024

Writing ad copy, which authors need to sell their works. 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. That is, the thing copyright hates most is not copying itself, but copying that substitutes.

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IP Intelligence

JUNE 6, 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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LexBlog IP

FEBRUARY 28, 2022

6] The Supreme Court’s ruling on that petition—and a possible eventual decision on the merits—could have enormous implications for the art world and other industries impacted by copyright law. That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.”

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Copyright Lately

MAY 21, 2021

This isn’t the first copyright infringement claim Dolezal has brought against the media. In 2019, Dolezal, then represented by notorious copyright troll Richard Liebowitz, filed a lawsuit against the publisher of Paper Magazine for using a photo from her Instagram account in a story. View Fullscreen.

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Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. ” Professor Smith considers silencing to be a form of “copyright weaponization,” which, despite its somewhat loaded name, simply refers to the use of copyright law to vindicate non-copyright interests.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Under the 1976 Copyright Act, copyright subsists automatically in any “original work of authorship” that is “fixed in any tangible medium of expression.” [ 17 U.S.C. 101 ] Issue 1: Are the recorded interviews a copyright-eligible “work of authorship”? Rural Telephone Service Co. , Penthouse Int’l, Inc. ,

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