Velocity of Content

AUGUST 9, 2022

Vanity Fair (magazine) took a license to use and modify the image for its magazine and hired Warhol to use his artistic talents to develop a new image. Goldsmith realized what had happened—that Warhol had made over a dozen works based on her photograph, the majority of which had not been licensed.

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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. Goldsmith et al, Case No.

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LexBlog IP

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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

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LexBlog IP

MAY 26, 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] Goldsmith and, as a result, did not constitute fair use. [2] Goldsmith was not paid or credited for this use.

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IPilogue

SEPTEMBER 29, 2021

The series was originally commissioned by Vanity Fair after it bought the license of the photo portrait from Goldsmith. Goldsmith said she was not aware of Warhol’s work until Tribute magazine featured the image, without crediting her, when Prince passed away in 2016. The trial judge John G.

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JD Supra Law

JUNE 8, 2023

Goldsmith redefines the contours of the fair use defense to copyright infringement. The Court ruled in favor of respondent Lynn Goldsmith, holding that the licensing to a magazine of an Andy Warhol print depicting the recording artist Prince did not constitute fair use of Goldsmith’s photograph on which the print was based.

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

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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, the Supreme Court focused on the actual use made, i.e. what the user does with the original work. copyright law. Copyright law in the U.S.

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Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 7, 2022

MIP ) magazine recently recognized Fish & Richardson Associate? Managing Intellectual Property ?( Vivian Cheng ?as as one of its 2022 “Rising Stars.” According to?

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JD Supra Law

MAY 23, 2023

On May 17th, 2023, the Supreme Court handed down a decision with potentially far-reaching consequences in the evolving landscape of copyright fair use, particularly for commercial works that reproduce copyrighted work. By: Neal, Gerber & Eisenberg LLP

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Nelligan Law

MARCH 25, 2024

She may have handed Vanity Fair the keys to her photographic kingdom, but she hadn’t signed up for the Warholian remix. They ruled that Andy Warhol’s use of a photograph by Lynn Goldsmith for a magazine cover featuring Prince was not fair use. Now, the parties have decided to settle the case.

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SpicyIP

OCTOBER 28, 2022

Pocket FM claims to have an exclusive license from Manjul Publishing House, the publisher of translated titles, that holds the Hindi rights to these books. We are not aware of the exact terms of this contract and the specific rights licensed to Pocket FM. The term ‘abridgement’ is not separately defined.

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JD Supra Law

JULY 7, 2023

Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn Goldsmith for use as a magazine cover was not fair use. In the case of Andy Warhol Foundation for the Visual Arts v. By: Perkins Coie

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LexBlog IP

MAY 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

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IPilogue

DECEMBER 13, 2022

In 1984, Vanity Fair magazine received a licence from photographer Lynn Goldsmith to use her 1981 portrait of Prince, which she had shot on assignment for Newsweek. In determining fair use according to the statute, one of the primary points of contention involved the meaning behind the “purpose and character” of the alleged use.

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Technology & Marketing Law Blog

MAY 30, 2022

The Rusty Krab court expands upon these points in its subsequent section detailing findings of law, but its discussion is fairly conclusory, mainly comprising maxims about what a parody is and isn’t rather than specific discussion of the defendants’ use and why it fails to qualify.

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LexBlog IP

JUNE 7, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. ” (S.

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IP Tech Blog

NOVEMBER 29, 2023

Netflix moved to dismiss the complaint on, among other grounds, fair use. In finding in defendant’s favor, the Court weighed the different factors of the Fair Use Doctrine. Second, the Court found the amount-and-substantiality-of-portion-used factor in Netflix’s favor. Lynn Goldsmith, et al. , Koons , 467 F.3d

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Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

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Kluwer Copyright Blog

AUGUST 13, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. was entitled to a declaration that Warhol’s “Prince Series” did not infringe Goldsmith’s photo.

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Kluwer Copyright Blog

AUGUST 12, 2021

Second Circuit reverses district court’s fair use declaration granted to Andy Warhol Foundation; artist’s works were not “transformative” and could harm the photographer’s market for licensing her image. was entitled to a declaration that Warhol’s “Prince Series” did not infringe Goldsmith’s photo.

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Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. Supreme Court concluded that (1) the use of the Prince Series by the magazine was commercial since a license fee was paid.

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IP Intelligence

JUNE 6, 2023

Sy Damle, (2016-2018 General Counsel) testified that “the training of AI models will generally fall within the established bounds of fair use.” (S. At the time Goldsmith was also licensing her original photograph to several magazines that were also writing articles about Prince’s life and music. emphasis original).

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Kluwer Copyright Blog

JUNE 26, 2024

What happens to information created by online newspapers, magazines, and bloggers if Google does not provide links to their content? Think of these rights management tools as super-charged, AI-powered IP rights management assistants , akin to Creative Commons licenses but tailored for an AI-driven interface.

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Velocity of Content

JUNE 15, 2023

“If an original work and a secondary use share the same or highly similar purposes, and the secondary use is of a commercial nature, the first factor is likely to weigh against fair use, absent some other justification for copying.” Fair use is always extremely fact dependent.

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The Art Law Blog

MARCH 27, 2021

On this reading, there's still no way to have any confidence about how any given fair use case will be decided." That would have been a big deal in fair use jurisprudence. There's no support in the Second Circuit opinion for that second reading, so we're back to the first: these Judges saw this particular use differently.

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LexBlog IP

NOVEMBER 29, 2023

Netflix moved to dismiss the complaint on, among other grounds, fair use. In finding in defendant’s favor, the Court weighed the different factors of the Fair Use Doctrine. Second, the Court found the amount-and-substantiality-of-portion-used factor in Netflix’s favor. Lynn Goldsmith, et al. ,

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Kluwer Copyright Blog

JULY 16, 2023

.” 3) How to Distinguish Transformative Fair Uses From Infringing Derivative Works? Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph. It will focus on the s.10(3)

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Biswajit Sarkar Copyright Blog

JULY 19, 2022

For instance, even though you are permitted to use someone’s image for printed goods like magazines, posters, or brochures, its copyright or Terms of Use may forbid its use online. Recognize the subtleties of fair use. But you must take into account a few factors that could influence your utilisation.

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LexBlog IP

FEBRUARY 11, 2024

You see, when I was growing up, computers took up entire rooms and content was published on paper – books, newspapers, magazines, and yes, sometimes even broadcast on television or radio. Licensing agreements, fair compensation, and mutual respect for craft and code could be the keys to unlocking a harmonious scenario.

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43(B)log

OCTOBER 11, 2021

He used these materials to promote Kings Stone’s black-jade business, and used his PowerPoint similarly. Nominative fair use would be relevant outside the Second Circuit, though use of the logo would definitely pose a problem.)

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43(B)log

MAY 22, 2023

Several had appeared in magazines, advertising campaigns, television episodes, and films. Plaintiffs claimed that they might have lost out on work due to the “reputational hit” from being linked with a strip club, and that they were deprived of licensing revenue for their images. Some were former Playboy Playmates.

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Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. These three cases address fair use in this context. McGucken moved for summary judgment on the fair use defense. That is unlike the magazine in Monge [v. McGucken v.

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Copyright Lately

MAY 22, 2023

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. 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. Andy Warhol Foundation v.

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LexBlog IP

NOVEMBER 17, 2021

3 Unless you have some legal excuse or defense, such as, fair use. It’s not the same thing as, say, photocopying a magazine article, or even sending a copy of a word-processing file—a draft brief to a client, say—things that exist for an appreciable and useful (from a human point of view) amount of time.

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Plagiarism Today

OCTOBER 11, 2022

1: Justices to Consider Whether Warhol Image is “Fair Use” of Photograph of Prince. Goldsmith, a case that is expected to be a rare moment of the high court ruling on an issue of fair use. Goldsmith sued, saying that this use far exceeded the agreement that they made. Have any suggestions for the 3 Count?

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Kluwer Copyright Blog

JUNE 5, 2023

Supreme Court agreed to review the Second Circuit’s ruling that Andy Warhol’s series of colorful prints and drawings of Prince were not transformative fair uses of Lynn Goldsmith’s photograph (for a previous comment on this case, see here ). Hence, the Foundation’s use was non-transformative. Acuff-Rose Music, Inc.

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