The New York federal judge in a high-profile copyright infringement lawsuit found on July 1 that painter Andy Warhol did not infringe on Lynn Goldsmith’s copyrighted photograph of Prince when he based a series of portraits on it. The court concluded that Warhol did not infringe because of the “fair use” defense.
News and Notes Focused on the 3 Public Faces of IP Law
- Brand Image Protection - Trademark Law
- Visual Image Protection - Copyright Law
- Personal Image Protection - Right of Publicity Law
The Image Protection Law blog has been created in order to share stories and information on the legal aspects of: 1) the marketplace reputation of a company or product captured in its trademark, 2) published or publicly-displayed artwork, photography, and any created visual design, and 3) use of a person's photograph or likeness for product promotion or other commercial purposes.
The "IP3" share at least one thing in common: Image is everything. In these posts let's look at what that means in the realm of intellectual property in the news, but let's also be prepared to explore if there's something more beyond "everything." Don't forget, the intellectual in "intellectual property" doesn't mean smart or brainy, although by nature true creators often are. The word is used to refer to any creation, i.e., a "product of the mind." While this blog will be regularly updated, you are encouraged to share your thoughts on these posts.
Last month, DynaStudy, a small, relatively new Austin, Texas, educational publisher of study guides was victorious in a copyright infringement lawsuit against the Houston school district. According to the Houston Chronicle, the jury found "dozens" of district employees committed "hundreds" of copyright violations that prompted the large damage award.
Copyright protects a creative work from copying by someone other than the owner or licensee when the copied work is "substantially similar." Creating a substantially similar copy without permission constitutes copyright infringement.
When lawmakers passed the first federal copyright law in 1790 to protect rights in maps, charts and books, they could hardly have conceived of an issue under consideration today: Whether the creations generated by computers using artificial intelligence should enjoy copyright protection.
The verdict is finally in. Earlier this month, the U.S. Supreme Court released its opinion in Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC. The court held that to bring a copyright infringement lawsuit under the federal Copyright Act, the Register of Copyrights must have acted on the copyright application in question by either granting or denying the registration.
On March 12, a U.S. District Court in the Southern District of California released an opinion that discusses at length the concept of fair use of a copyrighted work. We have previously written about fair use -- a legal doctrine that allows limited uses of copyrighted works without permission in narrow categories.
We recently posted a blog about three lawsuits alleging that the owner of Fortnite, the popular video game, violated copyrights in three dances reproduced in the game without permission or credit. As we described, dance choreography can be registered with the U.S. Copyright Office, but the copyright requirements for dance are complicated and significant.
In this second part of our look at the January 8 oral argument before the U.S. Supreme Court in the case of Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, we will consider what legal professionals are surmising from the justices' questions and comments.
On January 8, the U.S. Supreme Court heard oral argument in the important copyright infringement case of Fourth Estate Public Benefit Corporation v. Wall-Street.com, LLC. We previously told readers about this dispute that will require the highest court to make a crucial interpretation of the U.S. Copyright Act.
At our law firm, we represent photographers and other creative artists in a variety of copyright matters, including negotiating, drafting and reviewing licenses for use of copyrighted materials. We also bring and defend copyright infringement suits.