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Fair Use Appeals Supreme Court of the United States

McDermott Will & Emery

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

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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

Vondran Legal

Copyright Fair Use Examples

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

Perkins Coie

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

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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

AEON Law

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

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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

Sheppard Mullin Richter & Hampton LLP

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

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

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2022

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In This Issue - Transformative Fair Use: Does Andy Warhol Qualify? On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn...more

Proskauer - Minding Your Business

Supreme Court to Re-Examine Fair Use: Warhol Foundation v. Goldsmith

On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol drawings and silkscreen prints adapted...more

Bilzin Sumberg

The Sincerest Form of Flattery (Not)

Bilzin Sumberg on

In a somewhat shocking decision handed down in March 2021, the Second Circuit ruled against the Andy Warhol Foundation for Visual Arts in a copyright infringement suit brought by a photographer whose photos of Prince Andy...more

McDermott Will & Emery

Supreme Court to Consider Fair Use and Transformative Works of Art

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The Supreme Court of the United States agreed to consider the application of the fair use doctrine as it relates to transformative works. The Andy Warhol Foundation v. Goldsmith, Case No. 21-869 (Supr. Ct. Mar. 28, 2022)...more

McDermott Will & Emery

Second Circuit: Supreme Court Google Precedent Doesn’t Alter Copyright Law’s Fair Use Analysis

Addressing fair use as an affirmative defense to copyright infringement, the US Court of Appeals for the Second Circuit amended its recent opinion, reversing a district court’s summary judgment in favor of fair use. The Court...more

McDermott Will & Emery

Not With a Bang but a Whimper

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In a non-precedential Order issued by the US Court of Appeals for the Federal Circuit—on remand from the US Supreme Court’s April 2021 decision upholding Google’s fair use defense to Oracle’s copyright infringement claim—the...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2021

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In This Issue - Section 230 and the Future of Content Moderation - We analyze Section 230 of the Communications Decency Act—the 1996 law that provides a legal shield for internet providers from content created by their...more

Dorsey & Whitney LLP

Google v. Oracle: SCOTUS Grants Cert In The “Copyright Lawsuit of the Decade” - Now What?

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On November 15, 2019, the Supreme Court granted cert in Google LLC v. Oracle America Inc. For many observers, this was a long time coming; the parties have been litigating the underlying case since August 2010, and from its...more

Dorsey & Whitney LLP

The Supreme Court - November 15, 2019

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This afternoon, the Supreme Court of the United States granted certiorari in the following cases: Google LLC v. Oracle America, Inc., No. 18-956: 1) Whether copyright protection extends to a software interface. 2) Whether,...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Foley Hoag LLP - Making Your Mark

Fair Use Copyright Ruling Stands For Google Books

Last month, the Supreme Court denied certiorari in Authors Guild v. Google, Inc., the long-running copyright case involving Google’s Google Books project. The high court’s refusal to hear the case leaves in place the Second...more

Ballard Spahr LLP

Second Circuit Affirms Fair Use in Google Books Decision

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The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public...more

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