SCOTUS, Derivative Works

Easy Tiger: Docuseries Summary Judgment Remanded for Further Fair Use Consideration

McDermott Will & Emery on 4/11/2024

Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the...more

What is Transformative Use? Warhol Copyright Decision Exposes Surprising Tension Between Usual Supreme Court Allies

Sunstein LLP on 7/13/2023

In May, the Supreme Court issued an unusually contentious 7-2 decision concerning the fair use defense available to alleged copyright infringers. The majority decision in The Andy Warhol Foundation for the Visual Arts, Inc....more

Sign ‘O’ the Times: The Supreme Court Rules on Warhol v. Goldsmith

Perkins Coie on 7/7/2023

The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn...more

What the Supreme Court's Decision in Warhol Could Mean for the Future of Fair Use - Katten Kattwalk | Issue 25

Katten Muchin Rosenman LLP on 7/5/2023

In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law...more

Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith

Weintraub Tobin on 6/16/2023

The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on...more

The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith

Weintraub Tobin on 6/16/2023

The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on...more

U.S. Supreme Court Holds That First Factor of Fair Use Test Favors Photographer

Holland & Knight LLP on 6/16/2023

In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without...more

How Will Use of Copyrighted Content in Artificial Intelligence Be Evaluated After the Supreme Court’s Warhol Decision?

Venable LLP on 6/15/2023

The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is unlikely to shed much light on whether the use of copyrighted material in artificial intelligence (AI) content will...more

U.S. Supreme Court Underscores Objective Analysis over Artistic Interpretation in Copyright Fair Use

Fitch, Even, Tabin & Flannery LLP on 6/15/2023

On May 18, in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the U.S. Supreme Court considered which “use” of a derivative work is relevant for applying the first statutory factor of the fair-use doctrine. The...more

Supreme Court Affirms Andy Warhol’s Prince Series Not Transformative Fair Use

Proskauer - Minding Your Business on 6/13/2023

On May 18th, the Supreme Court handed down its much‑anticipated opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. We’ve tracked the progress of this case through the trial court, Second Circuit, and...more

Supreme Court Weakens Fair-Use Defense for Copyright Infringement Claims

Lathrop GPM on 6/13/2023

On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023). The 7-2...more

Warhol Case Likely to ‘Diminish but Not Eliminate’ Creative Use of Previous Artworks

Moritt Hock & Hamroff LLP on 6/9/2023

Recently, the U.S. Supreme Court ruled 7-2 against the Andy Warhol Foundation in a copyright dispute over a portrait of Prince that Warhol created using a photograph by another artist, Lynn Goldsmith. "The court's opinion...more

Client Alert: Putting the “Use” Back in Fair Use: The Supreme Court Decides Andy Warhol Foundation for the Visual Arts, Inc. v....

Jenner & Block on 6/8/2023

The Supreme Court’s recent and much-anticipated decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith redefines the contours of the fair use defense to copyright infringement. The Court ruled in favor of...more

What Goldsmith Means to AI Trainers

BakerHostetler on 6/7/2023

The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether...more

Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder

Benesch on 6/6/2023

The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith holds that the defense does not...more

Does Transformative Matter? No, At Least Where Use Is Commercial

Akerman LLP - Marks, Works & Secrets on 6/6/2023

Art. Money. Copyright. Fair use. Andy Warhol. And Prince, the Purple One. (Or in this case, Orange.) These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts,...more

Patent Poetry: Supreme Court Rules on “Fair Use” in Warhol Copyright Case

AEON Law on 6/6/2023

The US Supreme Court has issued its decision in the important copyright law case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al....more

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s...

Sheppard Mullin Richter & Hampton LLP on 6/1/2023

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF), in a long-awaited decision impacting fair use...more

A Blow to Visual Artists? What the U.S. Supreme Court's Latest Copyright “Fair Use” Decision May Mean for Copyright Protection and...

White & Case LLP on 5/31/2023

Last Thursday, May 18, 2023, the U.S. Supreme Court ruled in a 7-2 decision that the Andy Warhol Foundation's ("AWF") use of Lynn Goldsmith's photograph of the musician Prince in the commercial licensing of artist Andy...more

A Fair Decision for Creativity? SCOTUS ‎Finds No Fair Use in Warhol Prince Portrait

Locke Lord LLP on 5/30/2023

On May 18, 2023, the United States Supreme Court held that the “purpose and character” of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s portrait of Prince did not favor a determination of fair use....more

Let’s Go Hazy: Making Sense of Fair Use After Warhol

Greenberg Glusker LLP on 5/25/2023

The Supreme Court has spoken, and if content is king, then purpose is . . . Princely? In a 7-2 decision, the Court ruled that the commercial licensing of Andy Warhol’s “Orange Prince” to Condé Nast to illustrate a story about...more

The Supreme Court’s Warhol Ruling Makes Fair Use Defense Seem Even Riskier

Venable LLP on 5/25/2023

Last week, the Supreme Court issued a long-awaited copyright fair use decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al. In short, the Supreme Court looked at whether it was fair use under the...more

Supreme Court Rules in Favor of Prince Photographer, Against Warhol, in Fair Use Copyright Case

Adams and Reese LLP on 5/23/2023

How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May...more

Supreme Court Clarifies Copyright Fair Use Defense in Andy Warhol Foundation v. Goldsmith

Goodwin on 5/23/2023

The US Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, holding that the purpose and character of the Andy Warhol Foundation’s use of a copyrighted photograph of the...more

Good Artists Copy; Great Artists Steal - Supreme Court Seemingly Narrows First Factor of Fair Use In Copyright Suit, Leaving...

Womble Bond Dickinson on 5/23/2023

On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based...more

Supreme Court of the United States › Derivative Works

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