LexBlog IP

JUNE 2, 2023

When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

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Copyright Lately

AUGUST 14, 2023

Kat Von D’s Motion In its previous ruling on the parties’ motions for summary judgment , the court found triable issues of fact with respect to both the first fair use factor (purpose and character of the use) and the fourth (effect of the use upon the potential market).

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LexBlog IP

JUNE 7, 2023

At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. For example, Goldsmith licensed her photographs of Prince to illustrate stories about Prince in magazines such as Newsweek, Vanity Fair, and People.” ” See 143 S.

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LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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LexBlog IP

MAY 26, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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LexBlog IP

MAY 19, 2023

” Thus, being licensed for different magazine articles, “the original photograph and AWF’s copying use of it share substantially the same purpose. ” Thus, being licensed for different magazine articles, “the original photograph and AWF’s copying use of it share substantially the same purpose.

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Kluwer Copyright Blog

JULY 16, 2023

In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. ” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works?

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IP Intelligence

JUNE 6, 2023

At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. For example, Goldsmith licensed her photographs of Prince to illustrate stories about Prince in magazines such as Newsweek, Vanity Fair, and People.” at 1290 (Gorsuch, J., concurring).

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Kluwer Copyright Blog

JUNE 5, 2023

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. However, such uses must be licensed or be held unfair.

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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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Copyright Lately

MAY 22, 2023

Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. More typically, two works aren’t market substitutes, which means that determining whether a secondary use is justified is more difficult.

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Kluwer Copyright Blog

MAY 9, 2022

Vanity Fair decided to publish an article about the rock singer Prince in a 1984 magazine. Vanity Fair then commissioned Andy Warhol to prepare an art work of Prince to accompany the article and supplied him with the Goldsmith photograph as a source material. The Court will review that decision in the fall of 2022.

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LexBlog IP

FEBRUARY 28, 2022

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series.

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43(B)log

FEBRUARY 4, 2023

Fair uses tend to divide into buckets: justified by new work; justified by project. New work: Derivative work or embedding work: Cambpell v. Use is justified by context of being placed in new work. Not suggesting that “work” and “project” are exhaustive categories. Prince is work plus embodiment.

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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. However, Andy Warhol would go on to create 15 additional works using the Goldsmith photograph, now known as the artist’s “Prince Series.”

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43(B)log

AUGUST 9, 2024

seems like this is going to have trouble with derivative works] Amanda Levendowski, Fairer Public Benefit Bias and harms of works aren’t taken into account in fair use analysis: recruits a legal tool typically aimed at one set of problems for the purpose of cleverly addressing a different set of problems. Whyte Monkee v.

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LexBlog IP

JULY 7, 2023

. “Amount and Substantiality of Work Used” : Referring back to its decision on whether Prince’s use was “transformative,” the court found that his alterations were not enough to allow using almost the entirety of plaintiffs’ works. [12] Many derivative works.

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LexBlog IP

MAY 22, 2023

The Use Upon Prince’s death in 2016, Condé Nast (the parent company of Vanity Fair ) ran a commemorative feature on Prince and used another Warhol-based-on-Goldsmith work. Apparently, Warhol had created an entire series of 15 other works of pop art using Goldsmith’s initial photograph. § 107 ).

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LexBlog IP

MAY 31, 2023

Goldsmith later granted a limited, “one time” license to Vanity Fair in 1984 for the magazine to use the photograph as an artist reference. Vanity Fair engaged Andy Warhol to create an illustration based on Goldsmith’s photograph for use in the magazine.

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LexBlog IP

OCTOBER 25, 2023

In Larson, Dorland claimed copyright in a 381-word letter posted to Facebook and further asserted that, therefore, each of the three versions of Larson’s The Kindest was a derivative work in which Dorland, therefore, owned the copyright because her letter and the later Larson works were substantially similar.

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43(B)log

FEBRUARY 2, 2024

Counterclaim alleged that WF infringed by reproducing, publicly displaying, commercially licensing, and distributing the image, and by incorporating the photo into unauthorized derivative works. The difference b/t Justice Story’s © and today: the derivative work right: why would substitution be the core problem?

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43(B)log

FEBRUARY 16, 2024

Achieve a purpose that is the same as or highly similar to the original work=more likely to substitute for or supplant the original work. Magazine photos about Prince” is the market in which they compete. The market is full of highly differentiated products, aesthetically. A: has to be worked out.

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Copyright Lately

MARCH 6, 2023

The plaintiff is also asking the court to enjoin Coakley’s Director Statements and nascent “making of Runt ” film project, claiming that when Coakley sold Runt , he also sold the copyright to any of his future works related to Runt as well. Are Coakley’s Materials Infringing Derivative Works or Protected Fair Use?

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Technology & Marketing Law Blog

FEBRUARY 13, 2023

1981), which involved two interviews of the Reverend Jerry Falwell in 1980 that were published in Penthouse Magazine in March 1981. Moreover, Trump seeks a declaration “that he owns the Interview Sound Recordings, Audiobook, and Derivative Works in full and therefore is entitled to all revenues arising from the exploitation of such works.”

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The IP Law Blog

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay. In the 1981 case of Falwell v.

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LexBlog IP

FEBRUARY 23, 2023

Trump contends that Woodward did not request to expand the scope of a release or furnish a release to use the interview sound recordings for an audiobook or any other derivative work, as is customary in the book publishing and recording industries. So there’s no stories coming out, okay. In the 1981 case of Falwell v.

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