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Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based...more

Copyright Fair Use Purpose and Character: SCOTUS Says Transformation Alone Isn’t Enough

On May 18, 2023, the U.S. Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The 7-2 opinion came in a case involving Andy Warhol’s transformation of a photograph of...more

Supreme Court Limits Application of Computer Fraud and Abuse Act, Impacting Use of Online Information

In Van Buren v. United States, No. 19-783, 593 U.S. _ (2021), the U.S. Supreme Court weighed in on the scope of the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. 1030, bringing much needed clarity to how people and...more

Supreme Court Determines Copying of Software API Can Constitute Fair Use

On April 5, 2021, the U.S. Supreme Court issued its much-awaited decision in Google LLC v. Oracle America Inc. (No. 18-956), finding that Google’s use of software code was fair use under the U.S. Copyright Act. The Supreme...more

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