Technology & Marketing Law Blog

AUGUST 31, 2021

That is unlike the magazine in Monge [v. Maya Magazines] , in which the purpose of the entire piece was to display the wedding photos. Factor three : The entirety of the work was copied. Related posts : Blogger Loses Copyright Ruling Over Photo…But No Mention of the CC-BY-SA License!–Von Philpot is a serial litigant.

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Fair Use Journalism Licensing Marketing 143

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. Goldsmith.

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Fair Use Licensing Copying Artwork 98

SpicyIP

OCTOBER 28, 2022

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. Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books.

Copyright 126

Copyright Copyright Infringement Licensing Fair Use 126

Velocity of Content

JANUARY 9, 2024

An organization must obtain additional copyright permissions from the copyright holder if it intends to share copies with additional users internally, such as colleagues, or externally with regulatory agencies, customers, external businesses, or partners.  It’s important to know, however, there are many types of open-access licenses.

Copyright 98

Copyright Journalism Licensing Copyright Infringement 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

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.

Copyright 99

Copyright Copyright Infringement Social Media Licensing 99

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. Condé Nast paid $400 for the license, which specified “No other usage right granted.”

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Fair Use Derivative Work Blogging Licensing 98

The IP Law Blog

MAY 25, 2023

However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use. Justice Sonia Sotomayor, writing for the majority, noted that both the original photograph and Warhol’s “Orange Prince” were portraits of Prince used in magazines to illustrate stories about him.

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Fair Use Derivative Work Artwork Copyright Law 98

IP Tech Blog

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. Goldsmith et al, Case No. Unbeknownst to Ms.

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Fair Use Derivative Work Copying Licensing 57

Technology & Marketing Law Blog

MAY 30, 2022

A few other examples demonstrate, if not deception, at least skepticism or uncertainty: “Hope y’all got a licensing rights from Nickolodeon/Viacom cuz if not… they’ll shut your ass down”; “How the heck did she get the licensing for this? The court then moves on to consider Viacom’s copyright infringement claim.

Blogging 111

Blogging Social Media Television Fair Use 111

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]

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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

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. This and much more in this weeks SpicyIP Weekly Review. Anything we are missing out on?

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Trademark Copyright Brands Branding 59

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

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. Goldsmith et al, Case No. ” Unbeknownst to Ms.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

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. This wasn’t unexpected, but it posed a major problem. “When ‘E.T. These threats have faded in recent years. Kuik recognizes this, at least in part.

Copyright Infringement 120

Copyright Infringement Copying Content Creation Marketing 120

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.

Fair Use 40

Fair Use Copyright Licensing Copying 40

LexBlog IP

MAY 31, 2023

The decision was limited to AWF’s commercial licensing of a silkscreen image of Prince, based on Goldsmith’s underlying photograph, to Condé Nast. Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference.

Fair Use 52

Fair Use Licensing Copyright Editing 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. Lisa Blatt, representing Goldsmith, proposed that one may just as easily argue that the “purpose” of both uses was the commercial licensing of the works for publication.

Art 78

Art Fair Use Intellectual Property Licensing 78

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

Dear Rich IP Blog

JUNE 22, 2022

Dear Rich: Playboy Rights & Permissions recently denied us permission to use a Playboy cartoon in a print only, low number of copies, scholarly publication. The statement, "not available for third party licensing," may mean Playboy doesn't have the right to license the cartoon. What can I infer from that statement?

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Ownership Licensing Copying Publishing 52

Garrigues Blog

JUNE 29, 2022

An image rights licensing agreement may be terminated at any time at the free will of either party. Any student of film or audiovisual law knows how important it is for actors (and anyone who appears in a production) to sign an image rights licensing agreement before shooting a movie, short film, video clip, etc.

Licensing 52

Licensing Law Intellectual Property Publishing 52

SpicyIP

NOVEMBER 15, 2022

SpicyIP Tidbits: Compulsory License on Mira Behn’s Autobiography, and Stricter Test of Similarity of Marks for Medicinal Products. Licensing Ip International S.AR.L The Defendant was served with a copy of summons and it did appear in one of the hearings, but later stopped, thus causing the matter to proceed ex-parte.

Trademark 105

Trademark Patent Copyright Designs 105

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.

Fair Use 52

Fair Use Licensing Art Music 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. Some stock imagery libraries, including Adobe and Dreamstime , started to accept AI-generated images.

Copyright 145

Copyright Art Registration Fair Use 145

43(B)log

FEBRUARY 4, 2023

Does the status of that work or copy limited subsequent uses of it or transactions about it? Fair use justified by project: multiple copies for classroom use, time shifting vidos, visual search thumbnails, full text search engine, intermediate copying for reverse engineering. But how does this map on interim copying?

Fair Use 59

Fair Use Derivative Work Copying Marketing 59

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 The Globe and Mail is Canada’s foremost news media company, a nationally-distributed newspaper with one of the largest circulations in Canada. million readers every issue in print and digital.

Journalism 80

Journalism Privacy Contracts IP 80

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

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 license provided that the use would be for “one time” only. .” Warhol and his Foundation’s claim of fair use lost.

Fair Use 52

Fair Use Derivative Work Art Licensing 52

LexBlog IP

FEBRUARY 28, 2022

A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” In 1981, Goldsmith, who was then a portrait photographer for Newsweek , took a series of photographs of the then-up-and-coming musician Prince. He did just that.

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Fair Use Derivative Work Art Licensing 97

43(B)log

AUGUST 9, 2024

Writing ad copy, which authors need to sell their works. 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. The use in Warhol is the licensing to Conde Nast for use on an issue commemorating Prince’s life.

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Fair Use Marketing Marketing Licensing 59

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

Velocity of Content

JUNE 15, 2023

“If an original work and a secondary use share the same or highly similar purposes, and the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.” In fact, Warhol himself paid to license photographs for some of his artistic renditions.

Fair Use 52

Fair Use Licensing Artistic Work Copyright 52

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”?

Publishing 97

Publishing Music Copyright Law Marketing 97

Kluwer Copyright Blog

JULY 16, 2023

The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus. Accordingly, this case is a useful example of how a court will: (1) assess the derivation requirement (of actual copying) of UK copyright; and, (2) as part of that, consider similarity between musical works for the purpose of copyright infringement.”

Blogging 52

Blogging Law IP Fair Use 52

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. We limit our analysis accordingly.

Fair Use 40

Fair Use Licensing Art Music 40

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.

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Fair Use Derivative Work Copyright Law Art 52