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Litigation

NY Appeals Court rejects Andy Warhol Foundation’s request for a rehearing of the infringement filed by Lynn Goldsmith

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The Second Circuit Court of Appeals in New York has decided not to revise its March 2021 ruling involving the Andy Warhol Foundation, which was sued by photographer Lynn Goldsmith over the use of one of her pictures of Prince by the late visual artist.

The Court had reversed an earlier court decision concluding that Warhol’s creations were transformative enough to fall under the fair use doctrine. Instead, the appeals court ruled that the works known as the ‘Prince Series’ by Warhol, publis...

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Emmanuel is a Washington, DC-based freelance journalist, blogger and media consultant, specialising in the entertainment business and cultural trends. He was the US editor for British music industry trade publication Music Week. Previously, he was the editor of Impact, a magazine for the music publishing community (2007-2009), the global editor of US trade publication Billboard (2003-2006), and the editor in chief of Billboard’s sister publication Music & Media (1997-2003).

Collective Management Organisations

Global Music Rights settles case with Vermont Broadcast Associates

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US music rights society Global Music Rights — established in 2013 by artist manager and entrepreneur Irving Azoff — and Vermont Broadcast Associates have reached an agreement to settle GMR’s copyright infringement lawsuit against VBA.

The boutique performing rights organisation filed a lawsuit against VBA three months ago, alleging that the radio group repeatedly and willfully infringed the copyright in songs licensed by GMR. GMR claimed to have identified over 1,600 instances of willful inf...

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Creative Industries

Italy’s Artisti 7607 takes Netflix to court over performers’ remuneration

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Artisti 7607, the Italian not-for-profit collecting society has sued Netflix in a Rome civil court to obtain "adequate and proportionate" remuneration that the video streaming service is required to pay by law.

The society claims that for the past eight years, it has been negotiating with Netflix to obtain the data necessary to determine the compensation due to artists, as required by European and national legislation. Due to failure from Netflix to provide data, Artisti 7607 said it had no ...

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Litigation

US District Court dismissed ‘Top Gun’ case

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The US District Court for the Central District of California dismissed the claim from Shosh Yonay and Yuval Yonay, the widow and son of Ehud Yonay, that Yonay was entitled to damages for copyright infringement from Paramount Pictures related to the sequel of 1986 movie 'Top Gun'.

The original movie was based on an article authored by Yonay, the rights of which were licensed in 1983 to Paramount Pictures through an Assignment of Rights. The heirs to Yonay claimed that the agreement also appli...

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