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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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. ” [5] When the original and the copy share a similar purpose, there is a concern that the copy will substitute for the original. Oracle America, Inc.

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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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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.

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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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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

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 four : The court acknowledges that a market exists for plaintiff’s photos, but the transformative nature of defendant’s use “mutes” the degree of market substitution. .”

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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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LexBlog IP

JUNE 7, 2023

At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. For example, Goldsmith licensed her photographs of Prince to illustrate stories about Prince in magazines such as Newsweek, Vanity Fair, and People.” ” See 143 S.

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TorrentFreak

NOVEMBER 23, 2021

The Hollywood group sees copyright infringement as one of Telegram’s growth drivers and it urged the US Trade Representative to put the service on the annual list of notorious piracy markets. The case was brought by Visapress , which acts on behalf of several newspaper and magazine publishers, and the film industry association GEDIPE.

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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. It can be argued that ‘abridgement’ only happens from one literary work to another literary format – another book, or a newspaper, magazine, periodical etc.

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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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IP Intelligence

JUNE 6, 2023

At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. For example, Goldsmith licensed her photographs of Prince to illustrate stories about Prince in magazines such as Newsweek, Vanity Fair, and People.” at 1290 (Gorsuch, J., concurring).

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TorrentFreak

JULY 20, 2023

The chaos in the movie market has been well-documented over the past 17 months and there are now signs that the videogame market is unlikely to escape a similar fate. Equally, if content is made available but customers are subjected to an inconvenient process to access it, that can contribute to higher rates of piracy.

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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

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. 22] The Court also clarified and arguably narrowed its decision in Campbell v. .”

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Patently-O

JANUARY 20, 2023

Some of the most beloved fixtures of the genre—time machines, faster-than-light space travel, teleportation, downloading memories, copying a consciousness, etcetera—are impossible or not yet possible when described by the author. He started the first exclusively-science fiction magazine, called Amazing Stories, in 1926.

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Copyright Lately

JULY 8, 2023

But these puzzles are apparently popular gag gifts and UT Brands’ success soon spurred competitors to enter the pooping puppies puzzle market. 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.’

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Velocity of Content

OCTOBER 21, 2021

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.” Access Copyright.

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LexBlog IP

MAY 19, 2023

” The “transformative use” analysis is part of this factor, but not the whole factor: “Although new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character, it is not, without more, dispositive of the first factor.” of a commercial nature. .”

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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. Do not copy anything. The Purpose of copyright. Record what you saw.

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LexBlog IP

FEBRUARY 28, 2022

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series. 17 U.S.C. § at 36, 43. [14]

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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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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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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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IIPRD

JANUARY 8, 2023

This means that a copyrighted work can not be copied or appropriated by others without the creator’s consent. The consequences of the usage upon the potential market for or significance of the copyrighted work. To promote fair trade, which will contribute to economic and social development.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

A blockchain is distributed among a network of processing nodes (described below), where each node stores a partial or full copy of the blockchain. Copies of the blockchain are stored across thousands of nodes that must reach a consensus before completing a transaction, mitigating the risk of a central point of failure. see Figure 5).

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43(B)log

JANUARY 18, 2022

This seems wrong to me—like holding a skateboard nonfunctional because you can also use roller skates if you want personal wheels, or the Dippin’ Dots ice cream configuration nonfunctional because one can eat regular ice cream instead—but does provide a nice illustration of the importance of market definition to functionality determinations.

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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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43(B)log

FEBRUARY 18, 2022

Your project could fit into the role of probabalistic judgments in law generally: maybe we just should be honest that we are willing to sanction particular interventions in the info market b/c we think they’re wrong (or that it’s not worth taking the risk of this particular effect on reputation). Legally: Falwell v. Current answer: yes.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Read the full article on I ntellectual Property Magazine. PDF copy available. For battery-related patents, in particular, it is important to consider where and how big the present markets are for the invention. Fish principals Hyun Jin (HJ) In, Ph.D. Where is the competition located and where does it manufacture its products?

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Kluwer Copyright Blog

FEBRUARY 28, 2024

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. Instead, Google Books was found to support the marketing of books by giving them increased public exposure.

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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. The magazine issue included the credit “source photograph © 1984 by Lynn Goldsmith/LGI.”

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Technology & Marketing Law Blog

DECEMBER 28, 2021

But its website markets ads, merchandise, and ad-free experiences to all comers. If marketing ads, merchandise, and ad-free experiences to all visitors can create jurisdiction over a website with respect to an unrelated libel claim, we can imagine few claims against a website that would fall beyond the reach of “claim-specific” jurisdiction.

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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

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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