SCOTUS Prince ruling against fair use in Goldsmith Andy Warhol case may connect to upcoming AI issues

As has been well-documented, the United States Supreme Court recently ruled in favor of photographer Lynn Goldsmith in finding that Andy Warhol’s Prince series was not a transformative use of Goldsmith’s photograph under fair use analysis. As it pertains more directly to the Right of Publicity, it is interesting to note that in Comedy III, Warhol’s Marilyn was the cited example of a transformative work. Be that as it may, in light of fast-developing discussions pertaining to Artificial Intelligence (AI), the SCOTUS Warhol ruling may provide support for the argument that AI creative output is a derivative work of the original. We’ll see.

Bijan Mustardson illustrates Right of Publicity (NIL) in action

In what may be a contender in the “most clever” licensing event of recent times, the running back for Texas, Bijan Robinson, is involved in a mustard line launch entitled “Bijon Mustardson.” It is, quite obviously, a dijon mustard. Also, quite obviously, this “NIL deal” is more properly understood as a Right of Publicity matter, though admittedly involving a collegiate athlete. We’ll let semantics have a rest and simply enjoy when the licensing deals practically write themselves. Here’s a link to more info:

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Mel Gibson and Miel Gibson honey

I’ve seen some commentary on Mel Gibson’s issuance of a letter to the person behind a Chilean honey branded “Miel Gibson.”  Here’s a link to more coverage of the story:  https://www.abc.net.au/news/2020-08-15/mel-gibson-threatens-to-sue-chilean-honey-maker-over-image-use/12562438

To date, the developments consist of a letter being issued.  No lawsuit has been filed.  The letter seems to indicate a willingness for the Chilean business person to continue to some extent, but requests his image be removed.  Reportedly, after the recipient shared the letter online, her social media grew “exponentially.”

There’s no question that the product name and packaging ties to Mel Gibson.  For those who don’t like the contents of or even issuance of the letter, I would ask “what would you advise be done?”