IP Intelligence

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S. 1258, (2023).

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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. Because AWF did not dispute that the remaining fair use factors favored Goldsmith, the Court affirmed the Second Circuit’s finding of copyright infringement.

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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. A few days ago copyright holders scored a win at the Intellectual Property Court in Lisbon, Portugal.

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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. was entitled to a declaration that Warhol’s “Prince Series” did not infringe Goldsmith’s photo. 19-2420-cv.

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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. was entitled to a declaration that Warhol’s “Prince Series” did not infringe Goldsmith’s photo. 19-2420-cv.

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LexBlog IP

JUNE 26, 2023

The court concluded that JSC’s unique designs acquired secondary meaning in the eyes of consumers in the furniture market, particularly because of Trendily’s copying, and possessed protectable trade dress. JSC filed suit for copyright infringement, trade dress infringement, and unfair competition.

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LexBlog IP

MAY 31, 2023

The Court held that the first factor of the copyright fair use test favored respondent photographer, Lynn Goldsmith, rather than petitioner, Andy Warhol Foundation for the Visual Arts (“AWF”). Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

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Kluwer Copyright Blog

SEPTEMBER 1, 2021

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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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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TorrentFreak

APRIL 7, 2024

They include the Japan Satellite Broadcasting Association, Motion Picture Producers Association of Japan, Japan Video Software Association, Japan Magazine Publishers Association, Association of Japanese Animations, plus several others involved in the videogame, software, and content protection legal sectors.

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IIPRD

JANUARY 8, 2023

Copyright infringement & fair use. Copyright is the inherent right of a creator, artist, composer or another creator to prevent the use of their work. This means that a copyrighted work can not be copied or appropriated by others without the creator’s consent. What is fair use in terms of copyright?

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LexBlog IP

JUNE 7, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. Both are portraits of Prince used in magazines to illustrate stories about Prince. ” (S. Goldsmith , 598 S. 1258, (2023).

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Kluwer Copyright Blog

MAY 9, 2022

have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. Vanity Fair decided to publish an article about the rock singer Prince in a 1984 magazine. Goldsmith counterclaimed for copyright infringement.

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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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LexBlog IP

MAY 22, 2023

Although this landmark copyright decision is hot off the presses, the facts date back to 1981 when the underlying photograph was first shot. Goldsmith countersued, claiming copyright infringement of her photograph. ” The artist was none other than Andy Warhol. § 107 ). § 107 ).

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IP Intelligence

JUNE 6, 2023

A detailed analysis of Goldsmith , however, yields little comfort to content owners when assessing the applicability of fair use to non-expressive uses of copyrightable content for use in AI learning models. See Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith , 598 S. 1258, (2023).

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LexBlog IP

JULY 7, 2023

A pair of copyright decisions issued in May, one involving the appropriation artist Richard Prince [1] and the other involving works portraying the musician known as Prince, explore and expand on the “fair use” defense to copyright infringement. On May 11, the U.S. 2] A week later, the U.S. 2] A week later, the U.S.

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IP Tech Blog

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. , 3:22-cv-131 (W.D.

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Technology & Marketing Law Blog

MAY 30, 2022

Remember the Fifth Circuit case from 2018 holding that a real restaurant’s name could infringe trademark rights in the name of a fictional restaurant from the TV show SpongeBob SquarePants, the Krusty Krab?

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Copyright Lately

AUGUST 14, 2023

Photographer Jeff Sedlik and tattoo artist Kat Von D each claim that the Supreme Court’s Warhol decision entitles them to summary judgment in their long-running copyright dispute. Goldsmith on a first-of-its-kind copyright infringement lawsuit involving celebrity tattoo artist Katherine Von Drachenberg (aka Kat Von D).

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LexBlog IP

OCTOBER 25, 2023

The question then arises as to whether the fiction writer alone owns the copyright to work drawn in whole or part from another’s writings or experience. Larson also sought a declaration that she owns the copyright to The Kindest and that the letter in the short story does not infringe Dorland’s copyright.

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LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. Goldsmith alleged copyright infringement after seeing Orange Prince in Condé Nast’s article. of a commercial nature. .”

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LexBlog IP

NOVEMBER 29, 2023

18, 2023) , the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King 2” documentary depicted a tattoo of the now famous “Tiger King” (a/k/a “Joe Exotic”), that the plaintiff tattoo artist had inked. In Cramer v. Netflix, Inc. ,

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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. Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue. Controversy” [8] : The Litigation.

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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. Fashion is my passion" says the Kat This would leave copyright. It should be remembered that copyright infringement is assessed on the basis of similarities, not differences.

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Designs Design Law Copyright 60

Kluwer Copyright Blog

FEBRUARY 28, 2024

In order to train their technologies, should AI companies be allowed to use works under copyright protection without consent? Such uses, they argue, constitute copyright infringement. Judge Denny Chin initially found Google liable for failing to secure the consent of copyright owners before scanning their books.

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Intellectual Property Law Blog

JUNE 5, 2023

s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. The Supreme Court granted certiorari in March 28, 2022, presenting the question of whether a work of art is “transformative” for purposes of a fair use defense under the Copyright Act (17 U.S.C. §

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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

NOVEMBER 17, 2021

Normally, you don’t need anyone’s permission to use a copyrighted work. Since there’s an exclusive right to public display, you actually need to rely on a version of the first-sale doctrine to display copyrighted works in public. Should computer programs be protected by copyright at all? Weird, right?

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Copying Copyright Business Licensing 52

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

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Blogging Law IP Fair Use 52

LexBlog IP

JUNE 5, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. In 1984, Goldsmith gave Vanity Fair permission to use the photograph in a new commissioned purple silkscreen portrait by Warhol that appeared in the magazine’s November issue.

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LexBlog IP

MAY 26, 2023

’s (AWF), [1] in a long-awaited decision impacting fair use under Section 107(1) of the Copyright Act. In 1984, Goldsmith gave Vanity Fair permission to use the photograph in a new commissioned purple silkscreen portrait by Warhol that appeared in the magazine’s November issue.

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43(B)log

FEBRUARY 2, 2024

But real focus is on Conde Nast’s activities as publisher—the next quote is about how the purpose of the use was the same: “use in magazines to illustrate stories about Prince.” It is nonsensical to analyze fair use as a defense to something that is not copyright infringement to begin with.

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Copyright Lately

MARCH 6, 2023

The copyright owner in Runt is seeking to enjoin director William Coakley from releasing a behind-the-scenes project about alleged on-set bullying and sexual harassment that it claims he fabricated. The case involves an interesting interplay between copyright law, entertainment contracts and the First Amendment.

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

The lawsuit seeks a declaratory judgment that Trump owns the copyright in the sound recordings (or in the alternative, in his interview responses on the recordings), and that Trump is entitled to all or the lion’s share of the profits made from the sale of those recordings and transcripts, which the lawsuit (absurdly) values at almost $50 million.

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The IP Law Blog

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”? In the 1981 case of Falwell v.

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LexBlog IP

FEBRUARY 23, 2023

Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher for, among other claims, copyright infringement. Does Trump have a claim, or is his copyright claim “trumped up”? In the 1981 case of Falwell v.

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Copyright Copyright Infringement Publishing Derivative Work 52