News & Analysis as of

Copyright Infringement Commercial Use

Dorsey & Whitney LLP

Unauthorized Use of Banksy’s Work: Does a Street Artist Have Legal Recourse Against an Exhibition?

Dorsey & Whitney LLP on

Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists...more

Dorsey & Whitney LLP

UPDATE: Success for “Success Kid” before the Eighth Circuit in Copyright Dispute

Dorsey & Whitney LLP on

A few months’ back, the TMCA wrote about a copyright dispute between the campaign committee of former Iowa Congressman Steve King and Laney Griner, the owner of the photograph used in the popular “Success Kid” meme. The...more

Vondran Legal

G&G Closed Circuit Events litigation overview

Vondran Legal on

Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments.  There are several...more

Dorsey & Whitney LLP

Will “Success Kid” Owner Continue to Succeed on Appeal in Copyright Dispute?

Dorsey & Whitney LLP on

Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more

Katten Muchin Rosenman LLP

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

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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Venable LLP

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

Venable LLP on

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

Lathrop GPM

Supreme Court Weakens Fair-Use Defense for Copyright Infringement Claims

Lathrop GPM on

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

Miller Canfield

Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use

Miller Canfield on

For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more

Freeman Law

A Picture, A Painting, and A Prince: The Supreme Court Addresses the ‘Fair Use’ Doctrine

Freeman Law on

On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more

Dorsey & Whitney LLP

A Man Walks into a Bar...And Fair Use Is Found

Dorsey & Whitney LLP on

It is no secret about the proliferation of copyright lawsuits that have been filed over the past four years over the unauthorized use of photos online, many against media companies that seek to shield themselves from...more

McDermott Will & Emery

Good Faith Belief That Content Isn’t Copyrighted Is Bad Infringement Defense

McDermott Will & Emery on

Addressing whether the fair use defense applies to the use of stock photographs under the Copyright Act, the US Court of Appeals for the Fourth Circuit concluded that a company’s commercial use of an unlicensed photograph...more

Buchalter

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Buchalter on

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

Sheppard Mullin Richter & Hampton LLP

Important Open Source Ruling Confirms Enforceability of Dual-Licensing and Breach of GPL for Failing to Distribute Source Code

A recent federal district court decision denied a motion to dismiss a complaint brought by Artifex Software Inc. (“Artifex”) for breach of contract and copyright infringement claims against Defendant Hancom, Inc. based on...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2017

Fenwick & West LLP on

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to launch...more

Dechert LLP

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

Dechert LLP on

The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For...more

Morrison & Foerster LLP - Social Media

Creative Commons Works: Free to License, But Not Necessarily Free to Use

Companies love to use third-party content for free. In this era of belt-tightening and slashed marketing budgets, why pay to create photos and videos for advertising and other commercial uses when compelling photos and videos...more

Weintraub Tobin

Cambridge v. Becker – A Copyright Win For Publishers or an Enlargement of Fair Use?

Weintraub Tobin on

Recently the 11th Circuit addressed on appeal the question of whether fair use insulates from copyright liability a University which offers to its students a digital repository of reading material culled from third party...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide