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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IPilogue

JULY 14, 2022

Ehud Yonay authored the 1983 California magazine article that inspired Top Gun. Shosh and Yuval claim that Paramount has infringed on the copyright to Ehud’s article which they own as of January 24 th , 2020. 203 of the Copyright Act , authors have the right to terminate grants of copyright after thirty-five years.

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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. The case may also serve as a cautionary tale when historical source material is used as the inspiration for an entertainment project.

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Plagiarism Today

FEBRUARY 10, 2022

In 2010, artist Charles Thomspon compiled a list of 15 separate plagiarism allegations against Hirst and published them in the art magazine Jackdaw. However, even if they do infringe copyright and are successfully sued, often the settlement amount or the damages is miniscule compared to what they were able to earn.

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IPilogue

SEPTEMBER 29, 2021

On March 26, 2021, the 2nd Circuit Court of Appeals in New York found that the famed artist Andy Warhol violated photographer Lynn Goldsmith’s copyright by using her photo of the singer Prince to create his “Prince Series.” The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith.

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Patently-O

APRIL 3, 2022

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. 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.” by Dennis Crouch. Andy Warhol Foundation v.

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Nelligan Law

MARCH 25, 2024

So, when Prince’s untimely exit prompted a resurrection of the original article alongside a commemorative Conde Nast magazine featuring the full Prince Series, Goldsmith saw red—and not just any red, but a vibrant, copyright-infringement red. Last summer, in the case of ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC.

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Indiana Intellectual Property Law

JUNE 1, 2023

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

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Intellectual Property Office Blog

NOVEMBER 26, 2020

Copyright is scary. As an interior stylist who produces photoshoots for some of the country’s biggest magazines and commercial brands, getting the shots right is a must. Apart from the copyright law that means every piece of 'designer' furniture, craftsmanship and art must be checked for copyright. Really scary.

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The IP Law Blog

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 asserted that the dissent failed to address the specific use alleged to infringe the copyright.

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Likelihood of Confusion

MARCH 2, 2024

My über-sharp friend Oliver Herzfeld, moving up in the world, has written an article in Forbes magazine on a recent Copyright Office policy statement that, as he puts it, “revises, and to a certain extent reverses, its prior position regarding the protection of compilations.” ” Oliver sums up the changes.

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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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Copyright Lately

JULY 8, 2023

But number 1 when it comes to number 2 is a new copyright infringement lawsuit filed this week over a jigsaw puzzle called “101 Pooping Puppies.” Unfortunately, this widely-taught legal principle isn’t actually very helpful in predicting how copyright cases will be decided in the real world. Columbia Pictures.

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Likelihood of Confusion

JUNE 11, 2023

My über-sharp friend Oliver Herzfeld, moving up in the world, has written an article in Forbes magazine on a recent Copyright Office policy statement that, as he puts. First published August 8, 2012. The post Best of 2012: The borders of Terpsichore appeared first on LIKELIHOOD OF CONFUSION™.

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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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Velocity of Content

AUGUST 9, 2022

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. She brought suit for copyright infringement, lost at the trial court because of the Warhol estate’s fair use defense but won on appeal to the Second Circuit.

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The IPKat

FEBRUARY 20, 2022

It has been the coldest days of the year where this Kat is based - perfect weather for looking into what other IP Blogs have been into recently:- Copyright The Kluwer Copyright Blog addressed the issue of moral rights in relation to artificial intelligence and copyright protection.

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Kluwer Copyright Blog

AUGUST 7, 2023

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. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it.

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IP and Legal Filings

SEPTEMBER 12, 2022

The primary goal of copyright law is to safeguard the interests of creators of original, publishable works. The purpose of copyright protection is to make sure that the artist reaps the rewards of creating their original work and that no one else benefits unfairly from it. Copyrighting Art. Picture Credit: gettyimage].

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Indiana Intellectual Property Law

MARCH 4, 2024

Indianapolis, Indiana – Defendant Circle City Broadcasting, LLC d/b/a WISH-TV , is being sued by Plaintiff Christopher Sadowski over alleged copyright infringement. Sadowski is a photojournalist from New Jersey , who has been published in numerous popular newspapers and magazines.

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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

AUGUST 13, 2021

The Warhol prints—one of which was reproduced in a Vanity Fair magazine article in 2016—were not entitled to a fair use defense, and they were substantially similar to Goldsmith’s photo, as a matter of law. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.). Case number: No.

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Kluwer Copyright Blog

AUGUST 12, 2021

The Warhol prints—one of which was reproduced in a Vanity Fair magazine article in 2016—were not entitled to a fair use defense, and they were substantially similar to Goldsmith’s photo, as a matter of law. A full summary of this case has been published on Kluwer IP Law. Goldsmith, March 26, 2021, Sullivan, R.). Case number: No.

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WIPO Magazine

DECEMBER 17, 2020

The economics of overlapping rights" explores how comic characters are protected under both copyright law and trademark law and what this means in economic and policy terms. A recent WIPO study, "Batman forever?

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Kluwer Copyright Blog

SEPTEMBER 24, 2023

The Greek legislator, while implementing the CRM Directive , included in the Copyright Law an interesting (and unexpected) provision (Article 22 (2) Law 2121/1993) according to which certain public libraries (mostly academic and school libraries) were exempted of the exclusive public lending right.

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Velocity of Content

NOVEMBER 4, 2024

Another recent article, “The Heart of the Matter: Copyright, AI Training, and LLMs, ” by Daniel Gervais, Haralambos Marmanis, Noam Shemtov and Catherine Zaller Rowland provides valuable insights into this complex landscape. When an AI model ingests copyrighted works during training, is it infringing on those copyrights?

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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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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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Kluwer Copyright Blog

OCTOBER 9, 2022

The authors have published a longer version of this article in the German Journal of Copyright and Media Law (ZUM), 2022, Edition 8/9, pages 645 et seq.; b) This conclusion is supported by the uniform EU-wide interpretation of copyright law concepts in other copyright law provisions.

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

What is copyright infringement? Unauthorized use of a work protected by copyright is referred to as copyright infringement. Thus, it is the unauthorised use of someone else’s copyrighted work that violates the owner’s rights, such as the right to reproduce, distribute, exhibit, or perform the protected work.

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LexBlog IP

MAY 24, 2023

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. If you would like a consultation about your copyright, please feel free to contact us.

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The IPKat

MARCH 6, 2022

In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. The concepts and role of the informed user and the degree of freedom of choice were recently clarified in Turkish design law, and Marques has reported on the case.

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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. It’s a topic that feels right out of a thrilling legal drama: should AI models be fed with copyrighted content? Copying was tedious.

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Trademark and Copyright Law Blog

FEBRUARY 1, 2021

New Copyrighted Works Enter the Public Domain: In 1998, the Sonny Bono Copyright Term Extension Act added 20 years to the term of copyright protection for pre-1976 works, and paused the annual expiration of copyright on older works for 20 years. Scott Fitzgerald’s The Great Gatsby , along with its iconic cover.

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IAM Magazine

MAY 18, 2022

Legal ambiguities over ownership and protection are holding back a cutting-edge technology that could have immense value. Faiz Rahman and Kamalkumar Rathinasamy of Infosys argue that policy makers must focus on creating an IP framework that serves businesses, the economy and the public good.

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IAM Magazine

MAY 18, 2022

Legal ambiguities over ownership and protection are holding back a cutting-edge technology that could have immense value. Faiz Rahman and Kamalkumar Rathinasamy of Infosys argue that policy makers must focus on creating an IP framework that serves businesses, the economy and the public good.

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TorrentFreak

APRIL 27, 2024

In a recent interview with a Dutch film magazine , Kuik mentioned that BREIN received hydrochloric acid in the mail at some point, adding that police complaints were filed on various occasions. “The best [achievement] is the CJEU ruling that The Pirate Bay is a copyright-infringing service.

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