Remove Fair Use Remove Magazine Remove Public Domain
article thumbnail

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

LexBlog IP

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] Controversy” [8] : The Litigation.

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

Insiders

Sign Up for our Newsletter

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

article thumbnail

The US and Italy set precedents in copyright and art

Olartemoure Blog

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

Art 52
article thumbnail

Best practices to avoid copyright infringement

Biswajit Sarkar Copyright Blog

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. Public domain resources as a starting point.

article thumbnail

Reproducing a Photo of a Statue

Dear Rich IP Blog

Dear Rich: As I understand copyright, if I visit a park and take a photo of a statute, I own the copyright to the photo and I can use it in a book. But if I open a magazine and take a photo of an illustration, I still own the copyright to the photo, but using it in a book would be a copyright violation. Why is it different?

article thumbnail

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

Technology & Marketing Law Blog

Sixth, assuming Woodward published copyrighted material without Trump’s authorization, was he permitted to do so, either as a fair use, or by the First Amendment? If the work was published without proper copyright notice, the work entered the public domain. A case that bears a closer resemblance to Trump’s is Falwell v.

Copyright 131
article thumbnail

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

LexBlog IP

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