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The high court’s decision’s future application is anything but clear and clarification of the parameters of a “transformative” fair use is left open for another day.
In deciding whether Andy Warhol Foundation’s (AWF) licensing of Warhol’s iconic “Orange Prince” silkscreen was a copyright fair use of Lynn Goldsmith’s source photo of the musician Prince, the U.S. Supreme Court focused not on Warhol’s original use of Goldsmith’s photo in creating “Orange Prince” but rather on Goldsmith’s specific challenge to AWF’s licensing of the work to magazine publisher Condé Nast. Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith, 14 S.Ct. 1258 (2023). The high court’s decision’s future application is anything but clear and clarification of the parameters of a “transformative” fair use is left open for another day.
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By Stan Soocher
To the public, a band typically is defined as its performing members, not a business entity that may control the music group. But when it comes to royalty rights, are the performers or the business entity entitled to “featured artist” statutory royalties from digital transmissions of the band’s sound recordings?
Major Labels File Lawsuits Over AI Companies’ Alleged Copying of ‘World’s Most Popular’ Recordings
By Jane Wester
Major record labels including Capitol Records and Sony Music Entertainment sued two music-focused generative artificial intelligence companies, accusing them of “willful copyright infringement on an almost unimaginable scale.”
Hope for ‘Spotify Model’ for Licensing Content for AI
By Mason Lawlor
A “Spotify model” of licensing, regulation and royalties could be the answer to the recent slew of lawsuits and future litigation relating to generative artificial intelligence defined by rampant misappropriation of name, image and likeness of individuals, including high-profile celebrities.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.