JD Supra Law

APRIL 13, 2022

Hyperbolic descriptions of the supposed importance of cases dealing with intellectual property rights are as numerous as they are unfounded, but that is not true when it comes to The Andy Warhol Foundation for the Visual Arts, Inc. Goldsmith, Case No. 21-869, in which the U.S. Supreme Court just granted certiorari.

Fair Use 98

Fair Use Intellectual Property Copyright Art 98

Kashishipr

MAY 25, 2021

Due to creative and original use of expressions, blogs are deemed to be counted as private property for which Intellectual Property Rights (IPRs) can be sought. Blogging and Fair Use. However, quoting facts word-to-word, paragraph after paragraph, won’t be construed as constituting fair use.

Intellectual Property 98

Intellectual Property Blogging Fair Use Registration 98

JD Supra Law

AUGUST 9, 2022

In This Issue - Transformative Fair Use: Does Andy Warhol Qualify? Goldsmith, a case concerning whether Andy Warhol’s use of Lynn Goldsmith’s photograph of Prince (the musician) to create illustrations in his classic pop art style was fair use. By: Fenwick & West LLP

Intellectual Property 101

Intellectual Property Fair Use Art 101

IP Watchdog

DECEMBER 12, 2021

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. The Second Circuit held in March that “the district court erred in its assessment and application of the fair-use factors and the works in question do not qualify as fair use.”

Fair Use 124

Fair Use Copyright Law Law Copyright 124

IP Watchdog

AUGUST 9, 2022

The case involved Pub Ocean’s unauthorized use of photos of a lake that formed in Death Valley, California, in March 2019. The Ninth Circuit found that all of the fair use factors weighed against a determination that Pub Ocean’s unlicensed use of the photographs were transformative. Pub Ocean Ltd.

Fair Use 119

Fair Use Copyright Infringement Copyright Intellectual Property 119

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

IP Watchdog

OCTOBER 12, 2022

Lynn Goldsmith, a case asking the nation’s highest court to determine whether Warhol’s unlicensed use of Goldsmith’s photographs of pop superstar Prince was a fair use of that copyright-protected photo.

Fair Use 116

Fair Use Derivative Work Copyright Art 116

IP Watchdog

FEBRUARY 1, 2024

As often is the case with claims like these, the merits will center on the fair-use doctrine, a well-recognized legal principle in copyright law that aims to balance the interests of copyright holders with the public benefit of free speech and creative works.

Fair Use 116

Fair Use Copyright Infringement Copyright Law Litigation 116

IP Watchdog

JANUARY 29, 2024

The two nearly identical final judgments were entered in favor of the photographer plaintiffs’ claims that Prince and the exhibiting galleries willfully infringed on their photographs, and the court dismissed all the defenses raised – including the fair use defense – with prejudice.

Fair Use 110

Fair Use Social Media Copyright Infringement Art 110

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

Kashishipr

OCTOBER 27, 2021

Intellectual Property Protection over an API. However, even an author’s original work may be caught up by the fair use doctrine when utilized by some other person without prior authorization. It was regarded as being fair and permissible by the court of law. An example of this is the Sega v.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Law Fair Use 98

Kluwer Copyright Blog

MAY 9, 2022

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

Fair Use 100

Fair Use Derivative Work Art Licensing 100

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

Managing Intellectual Property ?( MIP , the “Rising Stars” award recognizes some of the best up-and-coming intellectual property practitioners in private practice who have contributed to the success of their firms and clients. . MIP ) magazine recently recognized Fish & Richardson Associate? Vivian Cheng ?as

Intellectual Property 86

Intellectual Property Fair Use Litigation Trademark 86

IP Law 360

JANUARY 27, 2022

Supreme Court Justice Stephen Breyer's approach to intellectual property law was consistently skeptical, expressing concern that patents and copyrights can limit access to information in decisions that took a broad view of fair use and fueled patent eligibility challenges. Departing U.S.

Intellectual Property 75

Intellectual Property Intellectual Property Law Fair Use Copyright 75

IP Watchdog

MARCH 28, 2022

Court of Appeals for the Second Circuit holding that Andy Warhol’s Prince Series did not constitute fair use of Lynn Goldsmith’s photograph. Goldsmith, Lynn, et. a case that asks the High Court to review a decision of the U.S.

Fair Use 105

Fair Use Art Litigation Intellectual Property 105

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

JD Supra Law

APRIL 21, 2022

Non-Fungible Trademark Infringement or Nominative Fair Use Token? has filed a federal complaint against StockX, LLC, an online resale marketplace, in the Southern District of New York, alleging that StockX is minting and selling non-fungible tokens (“NFTs”) that infringe Nike’s intellectual property.

Non-Fungible Tokens 98

Non-Fungible Tokens Fair Use Intellectual Property Trademark 98

The IP Law Blog

JULY 9, 2021

They provide a recap of last week’s episode , which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use.

Fair Use 98

Fair Use Litigation Blogging IP 98

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. She emphasized that both uses were commercial in nature, making them substantially similar in purpose. In a closely watched copyright case, the U.S.

Fair Use 98

Fair Use Derivative Work Artwork Copyright Law 98

IP Law 360

FEBRUARY 13, 2025

A Delaware federal court's rejection of a company's fair use defense for using copyrighted material to train an artificial intelligence program is a key moment in the clash between copyright law and AI development, as both intellectual property owners and tech companies seek favorable judicial guidance.

Fair Use 64

Fair Use Intellectual Property Copyright Law Copyright 64

SpicyIP

NOVEMBER 17, 2023

We are pleased to announce that registration for the free Certificate Course in Application of Intellectual Property Rights for Startups and Entrepreneurship is currently open. About Intellectual Property Rights Intellectual properties are the manifestation of digital revolution that fuels 21st century technologically-driven economies.

Intellectual Property 105

Intellectual Property Technology IP Law 105

LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] It found that all four fair use factors weighed against fair use. [12] Goldsmith counterclaimed for copyright infringement.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

43(B)log

AUGUST 16, 2021

The parties strongly disagree about this issue and PTRA sought declaratory judgment concerning the parties’ rights with respect to the Rose Bowl Game and its related intellectual property. Pasadena said this was (1) nominative fair use and (2) an expressive work protected by the First Amendment.

Fair Use 94

Fair Use False Advertising Intellectual Property Ownership 94

IPilogue

OCTOBER 12, 2022

Barlow and Bear may use the “fan fiction” defence to claim their work is not an infringement based on fair use by proving the elements of fair use: the art is transformative and adds new meaning to the original show. Additionally, fan fiction must be non-commercial and cannot result in profits for the creator.

Intellectual Property 105

Intellectual Property Social Media Music Fair Use 105

IP Law 360

OCTOBER 20, 2022

Apple will argue next week at the Eleventh Circuit that a judge wrongly held that a startup's "virtual" version of Apple's iPhone to detect bugs is covered by copyright law's fair use doctrine, a fight that digital rights groups are closely watching.

Fair Use 75

Fair Use Intellectual Property Copyright Law IP 75

IP and Legal Filings

FEBRUARY 17, 2022

Consumers are invited to use and transmit “bites” of copyrighted content via social networking sites, mobile television via cell phones and other handheld devices, online mobile game units with WiFi and other interactive capability, interactive television, and a variety of other interactive technologies. THE DOCTRINE OF FAIR USE.

Fair Use 94

Fair Use Copyright Television Copying 94

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. This has important implications for the doctrine of fair use.

Fair Use 98

Fair Use Derivative Work Blogging Licensing 98

IP Watchdog

MAY 18, 2023

Court of Appeals for the Second Circuit was correct in holding that the Andy Warhol Foundation's (AWF's) licensing of an orange silkscreen portrait of the musician Prince, created by Andy Warhol using photographer Lynn Goldsmith’s photo, was not fair. The Supreme Court ruled today in Andy Warhol Foundation v. Goldsmith, Lynn, et.

Fair Use 124

Fair Use Licensing Art Music 124

IP Watchdog

AUGUST 17, 2021

Court of Appeals for the Eighth Circuit yesterday reversed a Missouri district court’s grant of summary judgment for a group of real estate companies relating to copyright infringement claims brought by an architect over floorplans.

Fair Use 128

Fair Use Publishing Copyright Infringement Copyright 128

JD Supra Law

JANUARY 18, 2024

As 2023 came to an end, it offered a prime opportunity to examine significant legal developments in intellectual property case law and implications for the real estate industry in the year to come. By: ArentFox Schiff

Intellectual Property 73

Intellectual Property Fair Use Copyright Copyright Infringement 73

IIPRD

MARCH 23, 2022

Other forms of Intellectual Property. If in case the work of the creator is used for “fair use”, the creator cannot seek remedy. Fair use means work that is used for private or personal use, including review, research, bona fide teaching, and reporting of current events.

Intellectual Property 73

Intellectual Property Fair Use Copying Copyright 73

TorrentFreak

MARCH 25, 2024

Internet Archive’s theory of fair use represents a threat just as grave.” ” According to the amici, there is nothing fair about IA’s digital library; instead, they see it as “unambiguous copyright infringement.” Thus, its actions are decidedly not protected by fair use,” their brief reads.

Publishing 144

Publishing Copyright Fair Use Intellectual Property Law 144

IP Watchdog

SEPTEMBER 6, 2024

This week in Other Barks & Bites: A House version of the Patent Eligibility Restoration Act (PERA) is introduced; Judge Pauline Newman’s suspension from hearing cases at the Federal Circuit, on which she has served for 40 years, is officially extended by the court’s Judicial Council; OpenAI asks a New York court to dismiss several claims in one (..)

Fair Use 110

Fair Use Copyright Copyright Infringement IP 110

Plagiarism Today

SEPTEMBER 21, 2022

According to Drew, worked with counsel to ensure that the movie was covered under fair use, but that did not stop at least one of the owners of the original intellectual property from sending an “angry letter.”

Licensing 245

Licensing Reporting Fair Use Intellectual Property 245

Intellectual Property Law Blog

APRIL 12, 2023

Some of the legal issues include: Does use of copyrighted content to train models constitute infringement or is it fair use? In the near term, so too will the associated legal issues. Can collection of the content itself create liability? Is the output of the AI tool protectable by copyright?

Fair Use 243

Fair Use Privacy Music Art 243

IIPRD

JUNE 9, 2024

Introduction Before hunting into the intricacies of Intellectual Property Rights (IPR) in the metaverse, it is essential to know what the metaverse entails. In the metaverse and physical world, the notion of Intellectual Property Rights (IPR) has a murky image.

Intellectual Property 59

Intellectual Property Non-Fungible Tokens Trademark Design 59

JD Supra Law

AUGUST 19, 2022

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between Netflix and two digital content creators who wrote a musical inspired by the hit Netflix series, Bridgerton. By: Weintraub Tobin

Music 94

Music Blogging Fair Use Intellectual Property 94