The Idea Farm's Blog

Obtaining permission to use text involves a four-step process:  1. You must clearly and specifically identify what material you want to use and how you want to use it. Your first stage is to identify the material you want to use and the rights you will need. Commercial Use : If you are seeking permission to use text on behalf of an advertising agency or a company selling a product or service, your use is more likely to be categorized as a commercial endorsement, which will trigger additional legal issues.  2. You must send a permission request letter to the publisher or rights holder. Your permission request letter should give the details about the text you want to use, how you expect to use it, and the permission you want. There are two different types of request letters you can use: • One simply informs the rights holder of your needs and expectations that you and the rights holder will later complete and sign a separate permission agreement. • The other serves as both a...

A legal battle between the Andy Warhol Foundation and the photographer Lynn Goldsmith over a portrait of Prince is at the center of a pivotal discussion about copyright. Blame the appeals court judgment from 2021 declaring that Andy Warhol had no right to appropriate someone else’s photo of Prince into one of the Pop artist’s classic silk-screened portraits.  On May 18, 2023 the Supreme Court sided with a photographer in a dispute with the Andy Warhol Foundation over the late artist’s use of her photos as the basis for his own series of portraits of Prince. The justices issued a narrow interpretation focused on one of four factors used by courts to determine the “fair use” of a copyrighted work and the “purpose and character” of the use. The factors include “the nature of a copyrighted work,” “the amount and substantiality of the portion used in relation to the copyrighted work as a whole,” and “the effect of the use upon the potential market for or value of the copyrighted wo...