Plagiarism Today

DECEMBER 14, 2021

As we discussed back in September, the bots of YouTube have largely supplanted copyright law on the site. Rules around fair use, notice and takedown and so forth are replaced by bots that are incapable of understanding the nuances of the law itself. This has put YouTubers in a bind.

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LexBlog IP

MAY 19, 2023

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. copyright law. copyright law, the Supreme Court focused on the actual use made, i.e. what the user does with the original work.

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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. She emphasized that both uses were commercial in nature, making them substantially similar in purpose.

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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. ” Unbeknownst to Ms.

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Velocity of Content

AUGUST 9, 2022

Goldsmith took the black and white photograph, using her artistic expression to try to capture a certain imagery. Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. federal copyright law)?

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Dear Rich IP Blog

MARCH 5, 2022

Dear Rich: As I understand copyright, if I visit a park and take a photo of a statute, I own the copyright to the photo and I can use it in a book. But if I open a magazine and take a photo of an illustration, I still own the copyright to the photo, but using it in a book would be a copyright violation.

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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. The legal question at the center of the dispute is whether Warhol’s series is fair use of Goldsmith’s original photograph.

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Nelligan Law

MARCH 25, 2024

She may have handed Vanity Fair the keys to her photographic kingdom, but she hadn’t signed up for the Warholian remix. They ruled that Andy Warhol’s use of a photograph by Lynn Goldsmith for a magazine cover featuring Prince was not fair use. GOLDSMITH ET AL., Court of Appeals for the Second Circuit.

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Copyright Lately

OCTOBER 6, 2024

That’s because copyright law poses significant hurdles when it comes to real-life stories, and the line between fact and fiction isn’t always as clear-cut as it may seem. In that case, the court ruled in Adjmi’s favor because 3C was a parody of the sitcom and protected by fair use.

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SpicyIP

OCTOBER 28, 2022

The Copyright Act defines adaptation as (i) “in relation to a literary … work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical.”

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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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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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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 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.).

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Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.).

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Kluwer Copyright Blog

JUNE 26, 2024

What happens to information created by online newspapers, magazines, and bloggers if Google does not provide links to their content? And what is the fate of copyright law in this new world order? In the era of AI-generated summaries, the effectiveness of copyright in the digital space faces an existential challenge.

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Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. The Supreme Court ruled that the use and modification of photographs solely for commercial purposes does not qualify as fair use and therefore constitutes a violation of copyright law.

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Kluwer Copyright Blog

AUGUST 7, 2023

Foto de Alice Dietrich na Unsplash US Supreme Court’s Andy Warhol Foundation for the Visual Arts, Inc. 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.

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LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” ” (S.

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IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. emphasis original).

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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. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? by Pamela Samuelson “In March 2022 the U.S.

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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. Much of that content is protected by copyright laws. The Perks of Using Copyrighted Content: Should We Feed the Machine?

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

For instance, even though you are permitted to use someone’s image for printed goods like magazines, posters, or brochures, its copyright or Terms of Use may forbid its use online. Recognize the subtleties of fair use. Last but not least, you must document your own effort.

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Patently-O

APRIL 3, 2022

As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” The published article acknowledges Goldsmith. As part of that process, Warhol created a set of 16 Prince prints. 17 U.S.C. §

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LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Goldsmith counterclaimed for copyright infringement. It found that all four fair use factors weighed against fair use. [12]

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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. This has important implications for the doctrine of fair use.

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43(B)log

AUGUST 9, 2024

Is this relevant to fair use? Satire involves using the same style to clothe different ideas; therefore it shouldn’t infringe (lack of substantial similarity as in the Greatest American Hero case; German case law; perhaps the jury’s reasoning in the Kat von D case). W/o fair use, these tools are far more limited.

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LexBlog IP

MAY 22, 2023

The Supreme Court ruled on May 18 that Andy Warhol’s “Orange Prince” work of pop art was not a fair use when licensed to Condé Nast in 2016. Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. § 107 ).

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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.

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Olartemoure Blog

JANUARY 18, 2023

The photographer became aware of the use of her photograph in 2016 when Prince died, and the Andy Warhol Foundation licensed the use of Warhol’s “Prince Series” to use in a magazine commemorating his life. There was no image copyright credit or compensation to Lynn Goldsmith.

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Indiana Intellectual Property Law

SEPTEMBER 29, 2023

His work has been commissioned in magazines and newspapers such as the New York Post , Daily Mail Online , Reader’s Digest , USA Today , New York Times , Fox News , CBS News , NBC News , Boston Globe , Boston Herald , Los Angeles Times , Newsweek Magazine , and People Magazine.

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LexBlog IP

JANUARY 10, 2024

” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. ” Thus, there are some copyright arguments or policies in play beyond those most immediately considered in the motion papers. italics added for emphasis in items (i)-(iii)).

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Copyright Lately

MARCH 6, 2023

The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment. There’s a fair amount to unpack here, so let’s start with the facts, which I’ve compiled from my review of court files in both New York and California. LFP , Inc. , We cannot agree.

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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? Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment?

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