Remove Derivative Work Remove Magazine Remove Public Domain
article thumbnail

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

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.

article thumbnail

Out With The Old, In With The Gatsby Sequels: Trademark and Copyright News for the New Year

Trademark and Copyright Law Blog

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.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

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. Goldsmith , 11 F.4th

article thumbnail

A Preliminary Analysis of Trump’s Copyright Lawsuit Over Interview Recordings (Trump v. Simon & Schuster) (Guest Blog Post)

Technology & Marketing Law Blog

If the work was published with proper copyright notice, it received a federal statutory copyright. If the work was published without proper copyright notice, the work entered the public domain. Hustler Magazine, Inc. A case that bears a closer resemblance to Trump’s is Falwell v. Penthouse Int’l, Inc. ,

Copyright 131
article thumbnail

The Good Get: Interviews, The Predicates Of Copyright Ownership, & Divorcing Subjects From Owning Copyright Content

LexBlog IP

is] that works produced for the U.S. Government by its officers and employees should not be subject to copyright” and fall “in the public domain.” Newsweek Magazine (split copyright) , and she therefore calls for greater specificity and uniformity of approach. . “The basic premise of [S]ection 105.[is]