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Fair Use Corporate Counsel Supreme Court of the United States

Dorsey & Whitney LLP

Warhols, Tigers and Monkees, Oh My! - The Tenth Circuit Applies the Supreme Court’s Warhol Decision Against Netflix

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In a mashup that the late pop artist Andy Warhol surely would have loved, the U.S. Court of Appeals for the Tenth Circuit has applied the Supreme Court’s 2023 decision in Andy Warhol Foundation for the Visual Arts, Inc. v....more

Greenberg Glusker LLP

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

Greenberg Glusker LLP on

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

Kilpatrick

Andy Warhol Foundation v. Goldsmith: A Sea Change or Muddy Waters?

Kilpatrick on

In the first U.S. Supreme Court decision to consider the copyright fair use doctrine in the context of artistic works in almost three decades, the Court ruled that Andy Warhol Foundation’s licensing to Condé Nast of Warhol’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

US Supreme Court Refocuses the Test for Transformative Use

It has been nearly thirty years since the US Supreme Court has considered whether a creative work qualifies as a transformative use under the Copyright Act. The last time was in 1994, when the Court in Campbell v. Acuff-Rose...more

Weintraub Tobin

Trademark and Copyright Cases to Watch in 2023

Weintraub Tobin on

It’s always good to start off the year with an overview of trademark and copyright cases to watch. This year, we have a couple of cases that we’ve previously discussed on our podcast The Briefing, when they were on appeal...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Dorsey & Whitney LLP

Most. Important. Copyright. Fair. Use. Case. Ever!

Dorsey & Whitney LLP on

Hyperbolic descriptions of the supposed importance of cases dealing with intellectual property rights are as numerous as they are unfounded, but that is not true when it comes to The Andy Warhol Foundation for the Visual...more

Dorsey & Whitney LLP

Google v. Oracle: What We Learned from Oral Argument

Dorsey & Whitney LLP on

On October 7, 2020, the Supreme Court heard arguments in Google v. Oracle, a decade-long battle challenging Oracle’s claim to own copyrights in certain aspects of its Java software platform that Google implemented in Android...more

Skadden, Arps, Slate, Meagher & Flom LLP

2019-20 Supreme Court Update

The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more

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