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. Goldsmith , No. 569 (1994).

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

Technology & Marketing Law Blog

OCTOBER 6, 2022

2K Games rejected similar infringement claims on the basis of de minimis use, implied license, and fair use. To briefly summarize, the court left the fair use question entirely to the jury, despite its own pre-trial order and the Supreme Court’s recent decision in Google v.

Blogging 144

Blogging Fair Use Copyright Infringement Licensing 144

Velocity of Content

JUNE 8, 2022

Preface: I wanted to learn more about the concept (and applications) of “derivative works” and adaptations under copyright law, and I was searching for a useful example that might also be interesting for readers of Velocity of Content to read about. Beginning in 1955, adaptations of the stage play for television begin.

Derivative Work 105

Derivative Work Public Domain Copyright Fair Use 105

Copyright Lately

AUGUST 2, 2022

performances of “The Unofficial Bridgerton Musical”) or other derivative works that might compete with Netflix’s own planned live events,” including the multi-city “ Bridgerton Experience.” While Barlow & Bear may now try to argue that their work constitutes fair use, it’s a weak defense in this case.

Music 100

Music Derivative Work Fair Use Cease and Desist 100

Velocity of Content

DECEMBER 4, 2024

If so, infringement may occur unless an exception applies or the LLM did not have access to the original work. 1 Another key right is the creation of derivative works, which includes adaptations or translations. 7 This does not, however, fully answer hard questions about the right to prepare derivative works under US law.

Derivative Work 52

Derivative Work Copyright Moral Rights Copyright Law 52

Copyright Lately

OCTOBER 3, 2022

Despite a number of solid affirmative defenses—including implied license, de minimis use and waiver—the jury was only asked to determine whether defendants had proven that their conduct qualified as a fair use under the Copyright Act. That $3,750 works out to a measly $71 for each month the case has been pending.

Fair Use 77

Fair Use Design Designs Licensing 77

SpicyIP

JUNE 26, 2024

Hardcopies of literary works and their regulation by way of copyright, despite being the primary mode of information sharing in human society, has not evolved to accommodate accessibility of the medium for PwDs. However, it’s important to note that technological measures like DRMs can effectively manage distribution.

Copyright 81

Copyright Copying Publishing Cinema 81