IPilogue

MAY 26, 2022

Raenelle Manning is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. To incorporate a sound recording into a new musical work, artists must obtain “clearance” or permission from the copyright holder. An artist who fails to acquire permission from the copyright owner can use the ‘fair use’ defence.

Fair Use 111

Fair Use Copyright Infringement Copyright Music 111

The IP Law Blog

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

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. Continue reading

Fair Use 97

Fair Use Derivative Work Artwork Copyright Infringement 97

IP Watchdog

NOVEMBER 17, 2021

“Fair Use” is a flexible defense to claims of copyright infringement. It is a doctrine that evolves as technology and the way in which people use copyrighted works advance. Naturally, the way courts analyze the “fair use” defense must adapt as technology advances and the way in which creative content is developed evolves.

Fair Use 116

Fair Use Copying Copyright Infringement Technology 116

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. Goldsmith and, as a result, did not constitute fair use. [2] 10] The more transformative a work is, the more likely it is to be considered fair use. 14] Justice Sotomayor noted that Campbell v.

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Copyright Lately

AUGUST 14, 2023

Fischer denied both parties’ motions for summary judgment, finding triable issues of substantial similarity and fair use. Interestingly, both sides are claiming that Warhol entitles them to victory as a matter of law. Goldsmith would provide some much-needed clarity on copyright fair use.

Fair Use 94

Fair Use Social Media Licensing Marketing 94

IP Law 360

JUNE 17, 2022

Supreme Court appears primed to extend the fair use doctrine in the pending Warhol Foundation v. Goldsmith case and clarify where to draw the line between transformative use and derivative works, say Benjamin Stern and Anuj Khetarpal at Nutter. Oracle, the U.S.

Fair Use 75

Fair Use Derivative Work Technology Copyright 75

Trademark and Copyright Law Blog

FEBRUARY 7, 2024

One aspect of copyright law that makes adaptations attractive is derivative works. A derivative work is a work based on one or more existing copyrighted works. Even into late 2023, a 2022 Best Picture contender, Top Gun: Maverick , remained embroiled in a dispute involving derivative works.

Derivative Work 64

Derivative Work Licensing Copyright Copyright Law 64

Velocity of Content

DECEMBER 4, 2024

Underwood Chair in Law, Vanderbilt University), Noam Shemtov (Professor in Intellectual Property and Technology Law/Deputy Head of CCLS, Queen Mary University of London), Haralambos Marmanis (Executive Vice President and CTO, CCC), and Catherine Zaller Rowland (Vice President and General Counsel, CCC).

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

IPilogue

JULY 18, 2022

Tianchu Gao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. The focus of the conflict was the meaning of “transformative works” in the U.S. Copyright Act —whether Warhol’s print is transformative of the original photograph so that it qualifies as fair use.

Copyright Law 111

Copyright Law Copyright Law Art 111

IP Tech Blog

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.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

TorrentFreak

JANUARY 17, 2024

is one of the most interesting cases in history to rely on a fair use defense, arguing that the alleged infringement qualifies as a parody. ” 2 Live Crew had previously sought to license the track from Acuff-Rose to be used as a parody; Acuff-Rose refused and 2 Live Crew used it anyway. .” Campbell v.

Copyright 141

Copyright Derivative Work Fair Use Reporting 141

SpicyIP

OCTOBER 9, 2024

Internet Archive, our fellowship applicant Tanishka Goswami explains the implication of the decision on fair use. She graduated from National Law University, Delhi in 2023 & enjoys reading and writing on copyright laws. Through this post, I shall: firstly , examine the Appellate Court’s “fair use” analysis w.r.t.

Copyright Law 105

Copyright Law Copyright Fair Use Law 105

TorrentFreak

AUGUST 29, 2023

Fair Use The authors’ copyright infringement claims are grounded in copyright law. OpenAI doesn’t dispute that copyright plays a role but notes that the complaints take a hard line, glossing over exemptions such as fair use. Derivative? That is not how copyright law works,” OpenAI adds.

Copyright Infringement 128

Copyright Infringement Copyright Fair Use Derivative Work 128

JD Supra Law

MAY 23, 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. By: Seyfarth Shaw LLP

Fair Use 52

Fair Use Derivative Work 52

43(B)log

FEBRUARY 16, 2022

I filed this brief on behalf of IP Law Professors today in the Apple v. Summary of argument: The constitutional goal of copyright protection is to “promote the progress of science and useful arts,” Art. 8, and the first copyright law was “an act for the encouragement of learning,” Cambridge University Press v.

Derivative Work 90

Derivative Work Fair Use Copying Copyright 90

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. Applying a new lens on how to view the purpose of a derivative work under U.S. Copyright law in the U.S.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

LexBlog IP

MAY 25, 2023

Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. In a 7-2 decision, the high court sided with Goldsmith’s argument that Warhol’s “Orange Prince” constituted an infringing derivative work of her copyrighted photograph.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

Copyright Lately

JANUARY 23, 2023

Instead, the lawsuit is premised upon a much more sweeping and bold assertion—namely that every image that’s output by these AI tools is necessarily an unlawful and infringing “derivative work” based on the billions of copyrighted images used to train the models. You’d be wrong. 17 U.S.C. §

Derivative Work 113

Derivative Work Art Copying Fair Use 113

Kluwer Copyright Blog

JANUARY 16, 2024

To further develop this excursus on the US case law, in this post we consider two recent class actions against Meta launched by copyright holders (mainly book authors), for alleged infringement of IP in their books and written works through use in training materials for LLaMA (Large Language Model Meta AI).

Derivative Work 135

Derivative Work Copyright Infringement Copying Copyright 135

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.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

SpicyIP

APRIL 15, 2024

Discussing the implications of unauthorized use of materials for training Generative AI models, we are pleased to bring to you this guest post by Goutham Rajeev and Vedant Bharadwaj Singh. The authors are third year students at the Hidayatullah National Law University, Raipur. Training GenAI: Infringement or Fair Use?

Fair Use 49

Fair Use Copyright Infringement Derivative Work Copyright 49

JD Supra Law

JUNE 15, 2023

Supreme Court considered which “use” of a derivative work is relevant for applying the first statutory factor of the fair-use doctrine. On May 18, in Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, the U.S.

Fair Use 52

Fair Use Derivative Work Art Copyright 52

Technology & Marketing Law Blog

OCTOBER 6, 2022

by guest blogger Aaron Perzanowski , University of Michigan Law School. 2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. Oracle , which stressed the trial judge’s role in the ultimate fair use determination. Tattoo Advertising/Human Billboards.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

BYU Copyright Blog

JANUARY 10, 2022

In October, we reported that Post University, a for-profit university located in Waterbury, Connecticut, filed a complaint claiming copyright infringement, trademark infringement, violations of the DMCA, and related violations of law by online service provider Course Hero.

Copyright Infringement 98

Copyright Infringement Copyright Derivative Work Fair Use 98

TorrentFreak

SEPTEMBER 7, 2021

In other words, Triller’s SAC is a brazen and unabashed attempt to intimidate, punish and silence lawful and protected criticism,” the motion reads. Triller Says Defendants Used a ‘Bootleg’ Video. Fair Use Defenses.

Copyright 137

Copyright Fair Use Copyright Infringement Copying 137

Kluwer Copyright Blog

SEPTEMBER 11, 2023

Fair use in US ( Google Books but reuse pattern different here. Fair dealing c. Does the machine infringe when it produces a new “work”? For the right to prepare a derivative work in US, linked to issue 3, see paper #1 and Getty Images lawsuit 3. USCO and Federal Court decisions in US b.

IP 124

IP Derivative Work Intellectual Property Art 124

Kluwer Copyright Blog

APRIL 22, 2024

Technically, from a copyright perspective, the NFTs were derivative works of the Paintings (underlying works), since the former included major copyrightable elements of the (previously created) latter. This first duel has ended in a victory for the NFTs, at least for now.

Copyright 125

Copyright Artwork Moral Rights Non-Fungible Tokens 125

LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Table of Contents: Warhol v.

Fair Use 40

Fair Use Art Licensing Derivative Work 40

JIPL Online

MARCH 15, 2021

7] Before the court could decide if the subtitled version, a type of derivative work, could still be protected even if the underlying film on its own was available to be used by all, both parties settled. [8]. Based on its fair use win in “Burlesque,” [30] Netflix may try to incorporate more content using the fair use defense.

Copyright Infringement 98

Copyright Infringement Copyright Public Domain Derivative Work 98

Technology & Marketing Law Blog

MARCH 30, 2025

March 25, 2025) Anthropic previously agreed to maintain its guardrails designed to prevent “output that reproduces, distributes, or displays, in whole or in part, the lyrics to compositions owned or controlled by Publishers, or creates derivative works based on those compositions.”

Copyright 59

Copyright Publishing Copyright Infringement Licensing 59

Velocity of Content

AUGUST 9, 2022

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. First, there are not that many Supreme Court cases that address fair use. Why would the Supreme Court take up another fair use case so quickly?

Fair Use 98

Fair Use Licensing Derivative Work Art 98

BYU Copyright Blog

OCTOBER 7, 2024

Internet Archive's Fair Use Defense Falls Short Fair Use,Literary Works,Infringement Found October 07, 11:03 AM October 07, 11:03 AM On May 15, 2024, we published a post about an important legal dispute between the Internet Archive (IA) and the publisher Hachette, along with other major publishers (the Publishers").

Fair Use 40

Fair Use Copying Publishing Licensing 40

43(B)log

OCTOBER 20, 2022

Although I don’t think there is given the intentional breadth and flexibility of Congress’s adoption of the common law concept into a still-broad and flexible test, it occurred to me that Professor Tony Reese presciently identified a division in the cases that corresponds to those two words.

Derivative Work 72

Derivative Work Fair Use Art Copying 72

JD Supra Law

MAY 22, 2023

Supreme Court has clarified that copyright protection, at least for pictorial, graphic, and sculptural works (specifically photographs), includes the exclusive right of the copyright owner to prepare and to authorize the preparation of derivative works that transform the owner’s original copyrighted work.

Fair Use 52

Fair Use Derivative Work Copyright 52

Intepat

FEBRUARY 3, 2025

However, even though fanfiction is fun and fosters a sense of community, it can raise legal issues under copyright law. In India, this leads to questions about copyright infringement, fair use, and how fanfiction fits into intellectual property (IP) law. Without this, fanfiction could technically violate copyright laws.

Intellectual Property 52

Intellectual Property Copyright Law Copyright Law 52

Velocity of Content

MARCH 16, 2023

Regardless, as of this writing there are now five cases that may provide some clarity on this less frequently discussed but foundational issue of the unauthorized use of copyrighted materials as training data for AI (I use “AI” here as a shorthand which also includes text and data mining and machine learning). Case 1- Doe 1 v.

Litigation 98

Litigation Fair Use Copying Derivative Work 98