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☆ Insider Today: Tech's biggest lie
▼ + stars: | 2023-09-18 | by ( Dan Defrancesco | ) www.businessinsider.com time to read: +9 min

In recent years, some members of Congress have lacked a basic understanding of technology, let alone something as complex as generative AI. Marc Benioff spent much of the annual Dreamforce conference sounding the alarms on how untrustworthy generative AI is right now. Marc Benioff spent much of the annual Dreamforce conference sounding the alarms on how untrustworthy generative AI is right now. It's International Equal Pay Day. The UN General Assembly created this day in 2019 with "equal pay for work of equal value" in mind.

Persons: Mark Sumersett, isn't, Simon Simard, Daron Acemoglu, Insider's Aki Ito, Acemoglu, hasn't, Aki, It's, Nat Friedman, Rebecca Zisser, Peter Brown, Marc Benioff, Salesforce, Greg Johnson, Gary Reyes, Janette Beckman, Getty, Johnny Nunez, Lynn Goldsmith, Dakarai Akil, Tupac, Akon, Sean Kingston, Gucci Mane, There's, Carly Pearce, Valter Longo, Dan DeFrancesco, Naga Siu, Hallam Bullock, Lisa Ryan Organizations: Service, MIT, Renaissance Technologies, Bloomberg Beta, McAfee, Oakland Tribune Staff, Interscope Records, Academy of Country, FOX, UN, Assembly, Getty Locations: Wall, Silicon, New York City, San Diego, London, New York

☆ Opinion | Andy Warhol and ‘Fair Use’ in Art
▼ + stars: | 2023-06-27 | by ( ) www.nytimes.com time to read: +1 min

To the Editor:In “The Supreme Court Is Wrong About Andy Warhol” (Opinion guest essay, June 10), Richard Meyer gets to the truth about the artist in the last sentence: “His art, like all good art, was not created to abide by the law.”But we all live under law, including copyright law. According to Professor Meyer, “Had [Warhol] known about fair use, the artist likely would have been little concerned with legal repercussions.” Well, Warhol and his lawyers most likely knew the elements of the “fair use” defense because while they were not codified until 1976, those principles date back to Judge Joseph Story’s historic 1841 opinion in Folsom v. Marsh. Warhol may be a “towering figure in modern art,” as Justice Elena Kagan wrote in her dissent last month in Warhol Foundation v. Goldsmith, but the court, in a 7-to-2 opinion written by Justice Sonia Sotomayor, fairly concluded that the work of the photographer Lynn Goldsmith was entitled to copyright protection “even against famous artists.”Keith DanishLeonia, N.J. The writer is a retired attorney who specialized in intellectual property law.

Persons: Andy Warhol ”, Richard Meyer, Meyer, “, Warhol, Joseph Story’s, . Marsh, Elena Kagan, Goldsmith, Sonia Sotomayor, Lynn Goldsmith, ” Keith Danish Leonia Organizations: Warhol Foundation Locations: Folsom, ., N.J

☆ In pointed dissent, Justice Kagan accuses fellow liberal Justice Sotomayor of hypocrisy in Warhol decision, says the court is 'trying too hard' and anti-artist ruling will 'stifle creativity' and 'mak
▼ + stars: | 2023-05-21 | by ( Katherine Tangalakis-Lippert | ) www.businessinsider.com time to read: +5 min

In her dissent against the 7-2 majority, Justice Kagan accused her colleagues of hypocrisy. Lynn Goldsmith's photograph of Prince; Andy Warhol's silkscreen print of Prince, featured on the cover of a Condé Nast magazine. Quoting the 1965 film "The Sound of Music," Kagan wrote: "'Nothing comes from nothing,' the dissent observes, 'nothing ever could.' "The majority claims not to be embarrassed by this embarrassing fact because the specific reference was to his Soup Cans, rather than his celebrity images," Kagan wrote. "It will stifle creativity of every sort," Kagan wrote.

The justices upheld a lower court's ruling that Warhol's works based on Goldsmith's 1981 photo were not immune from her copyright infringement lawsuit. Warhol, who died in 1987, was a foremost participant in the pop art movement that germinated in the 1950s. At issue in the litigation involving Goldsmith was Warhol's "Orange Prince" series. She countersued the Andy Warhol Foundation in 2017 after it asked a court to find that the works did not violate her copyright. Under that standard, the circuit court said Warhol's paintings were closer to adapting Goldsmith's photo in a different medium than transforming it.

☆ Supreme Court rules against Andy Warhol Foundation in copyright case over Prince photo
▼ + stars: | 2023-05-18 | by ( Dan Mangan | ) www.cnbc.com time to read: +1 min

The Supreme Court on Thursday ruled against the Andy Warhol Foundation in a copyright dispute over the use of a celebrity photographer's image of the musician Prince for artwork created by Warhol. Goldsmith had sued the Warhol Foundation for copyright infringement over its licensing of an image called "Orange Prince" to Conde Naste, the parent company of Vanity Fair magazine, in 2016. Orange Prince is one of 16 Warhol silkscreens based on her photo, which Goldsmith only became aware of in 2016. Although a federal district court rule in the Warhol Foundation's favor, that ruling was overturned by the U.S. 2nd Circuit Court of Appeals. "Lynn Goldsmith's original works, like those of other photographers, are entitled to copyright protection, even against famous artists," the court said in the majority opinion. "

☆ Copycatting lawsuits hit new media as TikTok creators, game designers and Instagrammers are sued
▼ + stars: | 2022-10-22 | by ( Alexandra Peers | Cnn Business | ) edition.cnn.com time to read: +7 min

A series of hot-button lawsuits have linked all those unlikely creators and platforms in litigation that goes as high as the US Supreme Court. The litigation deals with issues of intellectual property, copyright infringement and fair use in a rapidly changing new-media landscape. She won, but not much: $3,750, because the court ruled that, though her copyright had been violated, her tattoos didn’t impact game profits. It was a huge hit on TikTok, in part because the duo invited feedback and participation, making it a crowd-sourced artwork. But when the creators took their show on the road and sold tickets, Netflix sued.

☆ Andy Warhol’s portraits of Prince get their 15 minutes of fame in Supreme Court copyright showdown
▼ + stars: | 2022-10-12 | by ( Lawrence Hurley | Lawrence Hurley Covers The Supreme Court For Nbc News Digital. | ) www.nbcnews.com time to read: +5 min

The original Lynn Goldsmith photograph of Prince and Andy Warhol's portrait of the musician. Warhol himself had died in 1987, and the relevant works and copyright to them are now held by the Andy Warhol Foundation, which permitted Vanity Fair to use the image in 2016. The following year the issue ended up in court, with Goldsmith and the foundation suing each other to determine whether Warhol’s image constituted fair use. Images from Andy Warhol's series on the musician Prince. It must, “at a bare minimum, comprise something more than the imposition of another artist’s style on the primary work,” the court added.

☆ Justice Clarence Thomas confesses he's a Prince fan during a spirited debate over Andy Warhol's artwork and copyright law
▼ + stars: | 2022-10-12 | by ( Oma Seddiq | ) www.businessinsider.com time to read: +6 min

The Supreme Court heard a case involving pop artist Andy Warhol's iconic silkscreen prints of musician Prince. At issue is whether Warhol violated copyright law by relying on a photographer's image of Prince for his art. The Andy Warhol Foundation has asked the Supreme Court to overturn that ruling. "If you called Andy Warhol as a witness, what would he say?" "And this is a work of art sending a message about modern society," he said of Warhol's.

A man examines "Self-Portrait" by Andy Warhol during a media preview at Christie's auction house in New York, October 31, 2014. She countersued Warhol's estate for copyright infringement in 2017 after it asked a Manhattan federal court to rule that his works did not violate her rights. Copyright law sometimes allows for the fair use of copyrighted works without the creator's permission. A federal judge found Warhol's works were protected by the fair use doctrine, having transformed the "vulnerable" musician depicted in Goldsmith's work into an "iconic, larger-than-life figure." Documentary filmmakers, fan fiction writers and the estates of other major figures in the pop art movement have come out in support of Warhol.

The case centers on how courts decide when an artist makes "fair use" of another's work under copyright law. The Supreme Court will hear arguments in the estate's appeal of a lower court's decision favoring Goldsmith. The Supreme Court's eventual decision could have broad or narrow implications for fair use depending on the ruling, Tushnet said. The Warhol estate told the Supreme Court the 2nd Circuit's decision "casts a cloud of legal uncertainty over an entire genre of visual art, including canonical works by Andy Warhol and countless other artists." Goldsmith's lawyers told the Supreme Court that a ruling favoring the foundation would "transform copyright law into all copying, no right."

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