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Copyright Infringement Prince

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #2

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The legislature of New York’s Nassau County passed a law on Monday to ban women’s and girls’ sports teams from using sports facilities in the county on Long Island unless they exclude transgender girls and women from playing....more

Manatt, Phelps & Phillips, LLP

Fair Use Is Objective Inquiry Into Use of Original Work, Not Subjective Intent of User or Expression

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held, in a 7-2 decision, that the Andy Warhol Foundation for the Visual Arts (AWF) infringed photographer Lynn Goldsmith’s copyright when it...more

Vondran Legal

Copyright Fair Use Examples

Vondran Legal on

Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression). Photograph - Images - Illustrations - Paintings...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

Dickinson Wright

Warhol and Prince: Good Artists Borrow, Great Artists…Litigate

Dickinson Wright on

Picasso said: “good artists borrow, great artists steal.” Or maybe he took the phrase from someone else. In any case, the US Supreme Court has again confounded the legal world by upending expectations, if not years of...more

Cozen O'Connor

The Frustrating Reality of Fair Use: AWF v. Goldsmith

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On May 18, 2023, the U.S. Supreme Court released its long-awaited opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. In 1981, rock and roll photographer Lynn Goldsmith photographed the...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

Fitch, Even, Tabin & Flannery LLP

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

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

Lathrop GPM

Supreme Court Weakens Fair-Use Defense for Copyright Infringement Claims

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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

BakerHostetler

What Goldsmith Means to AI Trainers

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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

Benesch

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

Benesch on

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

Weintraub Tobin

SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

Weintraub Tobin on

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. The decision affirms a previous ruling by the...more

Fox Rothschild LLP

A Royal Circuit Split: Supreme Court Will Decide on “Prince Series” Copyright Controversy

Fox Rothschild LLP on

The United States Supreme Court granted certiorari to review the Second Circuit’s inconsistent application of the fair use doctrine when it comes to copyrighted art. The case at issue assesses whether the infamous “Prince...more

Weintraub Tobin

The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith

Weintraub Tobin on

The Supreme Court granted a petition for writ of certiorari filed by the Andy Warhol Foundation for the Visual Arts that arises from a copyright infringement action filed by photographer Lynn Goldsmith, who took the photos of...more

Fox Rothschild LLP

Art or Infringement: The Copyright Battle Over Images of Prince

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On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s...more

Morrison & Foerster LLP

Supreme Court Grants Cert in Andy Warhol Foundation Case on Copyright Fair Use

Following a twenty-seven year drought of copyright fair use cases, the Supreme Court is now set to take on its second case on the doctrine in two years. The high court granted a petition this week in Andy Warhol Foundation...more

Dorsey & Whitney LLP

A Tale of Two Princes

Dorsey & Whitney LLP on

An important decision by the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, Case No. 19-2420-cv (2d Cir. Mar. 26, 2021), has, in important respects, upended how the defense of fair use is...more

Seyfarth Shaw LLP

Court Sanctions Defendant for Failure to Preserve Text Messages in Copyright Infringement Suit Brought by Prince’s Estate

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This is what it sounds like, when sanctions are granted. In March 2019, a federal judge in Minnesota sanctioned Defendants for their failure to preserve text messages in a copyright infringement suit brought in part by the...more

Proskauer - New Media & Technology

New York Court Finds Warhol Series to be Fair Use of Prince Photograph

Earlier this month, in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 17-cv-2532 (S.D.N.Y. July 1, 2019), a New York district court granted the Andy Warhol Foundation for the Visual Arts’ (“AWF”)...more

Fish & Richardson

Ninth Circuit Issues Amended Opinion in “Dancing Baby” DMCA Notice-and-Takedown Case

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Earlier this month the Ninth Circuit issued an amended opinion in the longstanding “Dancing Baby” notice-and-takedown case. The court added further support for its initial September 2015 holding that a copyright holder must...more

Fenwick & West LLP

Litigation Alert: Lenz v. Universal Music Group – Baby Keeps on Dancin'

Fenwick & West LLP on

The Ninth Circuit has finally weighed in on the long-running saga of the “dancing baby” video case (the “baby” in the video is now a 9-year old), and its opinion could have long-lasting effects on fair use and how copyright...more

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