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.

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IPilogue

SEPTEMBER 29, 2021

The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith. 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. This is not the first time Andy Warhol was sued for IP infringement.

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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. ” See 143 S. ’” Id. at 1278–79.

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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.

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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. at 1289 (Gorsuch, concurring) (emphasis added). at 1290 (Gorsuch, J.,

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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. Fair use and first sale: in tension?

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TorrentFreak

APRIL 27, 2024

Speaking with TorrentFreak, Kuik recalls that the home video market was just opening up. Initially, movie studios saw videotapes as a threat, but they soon realized that they could market official movies to consumers as well, which proved to be a new source of revenue. The downside was that pirates would create bootleg copies.

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Technology & Marketing Law Blog

MAY 30, 2022

Judging from the Rusty Krab’s marketing efforts and social media promotion as detailed in Viacom’s complaint, the pop-up was far more focused on providing the backdrop for Instagram-worthy selfies than it was on producing edible food. The court then moves on to consider Viacom’s copyright infringement claim.

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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.

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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.

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LexBlog IP

MAY 19, 2023

In 1984, Goldsmith licensed the copyrighted photograph for $400—for publication “one time”—to Vanity Fair, who hired Andy Warhol to make a purple silk screen image based on the photograph, which Vanity Fair published in an article about Prince. of a commercial nature. .” of a commercial nature. .”

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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.” That factor asks “whether, if the challenged use becomes widespread, it will adversely affect the potential market for the copyrighted work.” [20]

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

A person brings in counterfeit copies of a work Without getting permission from the copyright holder, someone reproduces his work in any way. With today’s technology, it is very simple to copy and share the original works of other people. Look for those that have Creative Commons licensing so they can be used commercially.

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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]

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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.

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LexBlog IP

NOVEMBER 17, 2021

The computer file—containing the program or content—must be copied from where it’s stored into the computer’s memory. You aren’t so much cutting pieces off the hot dog but making copies of each piece you’re cutting and transferring. The Child’s Hot Dog Theory of Software. Weird, right?

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The IPKat

FEBRUARY 8, 2023

In an interview with GQ magazine , Raf Simons said: "I'm inspired by people who bring something that I think has not been seen, that is original. This phenomenon ranges from slight iteration to homage or even slavish copying. The House of Lanvin also marketed a bag inspired by takeaway boxes for pastries.

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The IPKat

NOVEMBER 20, 2023

Newspaper and magazine articles did not indicate whether they were addressed to Formula 1 fans only or to the general public. They also lacked information on the number of copies sold and their distribution among the general public or the number of online views. In 2014, Lewis Hamilton was ranked ‘the most marketable athlete’.

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43(B)log

AUGUST 17, 2021

First, Buncher “used copies of the images annexed to the Complaint with. [P]laintiffs’ While the other plaintiffs had “participated in promotional campaigns for a wide variety of brands and appeared in magazines, TV shows, and movies, their resumes [were] devoid of evidence that they actually garnered recognition for any of their appearances.”

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

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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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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]

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Read the full article on I ntellectual Property Magazine. PDF copy available. Strategic considerations include what to patent (components, cell assembly or manufacturing processes, etc), where to patent, what patents to abandon or sell, and licensing strategies. Fish principals Hyun Jin (HJ) In, Ph.D.

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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.

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Kluwer Copyright Blog

JULY 16, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. The case focuses on whether Ed Sheeran consciously copied Sami Switch’s chorus.

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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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Technology & Marketing Law Blog

JUNE 21, 2022

“An internet-based subscription streaming service that is offered to consumers for the exclusive purpose of transmitting licensed media, including audio or video files, in a continuous flow from the internet-based service to the end user, and does not host user-generated content.” ” The Law’s Requirements.

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43(B)log

FEBRUARY 16, 2024

Magazine photos about Prince” is the market in which they compete. The market is full of highly differentiated products, aesthetically. For many people, no: coffee does not compete in the same market with tea. If no, then coffee is in a market of its own. There isn’t a market for “Prince images.” [Q:

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

Fifth, assuming Trump owns a valid copyright, did he grant an implied license to Woodward to publish transcripts of the interviews and/or the record­ings themselves? The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery. .

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43(B)log

FEBRUARY 23, 2024

Sears/Compco said there was a right to copy things in the public domain; how did that go away? What you’re seeing is cross-licensing/branding. But somehow there’s a big change between Sears/Compco and Taco Cabana. Do plaintiffs waive jury trials? [PI/SJ PI/SJ is probably most important.]

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