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Fair Use Fine Art Intellectual Property Protection

Bilzin Sumberg

What Have We Learned In The Year Since Warhol?

Bilzin Sumberg on

In May, it will have been a year since the U.S. Supreme Court decided Andy Warhol Foundation for Visual Arts Inc. v. Goldsmith. In that case, the court held that Andy Warhol's silkscreens of the musician Prince based on a...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

Sunstein LLP

What is Transformative Use? Warhol Copyright Decision Exposes Surprising Tension Between Usual Supreme Court Allies

Sunstein LLP on

In May, the Supreme Court issued an unusually contentious 7-2 decision concerning the fair use defense available to alleged copyright infringers. The majority decision in The Andy Warhol Foundation for the Visual Arts, Inc....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

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

Moritt Hock & Hamroff LLP

Warhol Case Likely to ‘Diminish but Not Eliminate’ Creative Use of Previous Artworks

Recently, the U.S. Supreme Court ruled 7-2 against the Andy Warhol Foundation in a copyright dispute over a portrait of Prince that Warhol created using a photograph by another artist, Lynn Goldsmith. "The court's opinion...more

BakerHostetler

What Goldsmith Means to AI Trainers

BakerHostetler on

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

Pillsbury - Internet & Social Media Law Blog

In Andy Warhol Foundation for the Visual Arts v. Goldsmith, the Supreme Court Revisits the Copyright Fair Use Test

On May 18, 2023, the U.S. Supreme Court found that the purpose and character of the use of “Orange Prince” by the Andy Warhol Foundation for the Visual Arts (AWF) weighed against a finding of fair use of Lynn Goldsmith’s...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

Akerman LLP - Marks, Works & Secrets

Does Transformative Matter? No, At Least Where Use Is Commercial

Art. Money. Copyright. Fair use. Andy Warhol. And Prince, the Purple One. (Or in this case, Orange.) These were the hot topics in the recently decided Supreme Court case of Andy Warhol Foundation for the Visual Arts,...more

AEON Law

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

AEON Law on

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

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

Davis Wright Tremaine LLP

Pop Art Flop: Supreme Court Rules Against Warhol Foundation

The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince - On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of...more

Goodwin

Supreme Court Clarifies Copyright Fair Use Defense in Andy Warhol Foundation v. Goldsmith

Goodwin on

The US Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, holding that the purpose and character of the Andy Warhol Foundation’s use of a copyrighted photograph of the...more

Womble Bond Dickinson

Good Artists Copy; Great Artists Steal - Supreme Court Seemingly Narrows First Factor of Fair Use In Copyright Suit, Leaving...

Womble Bond Dickinson on

On May 18, the Supreme Court addressed the issue of “fair use” in copyright law, specifically in relation to the petitioner Andy Warhol Foundation’s (AWF) commercial licensing of a Warhol print entitled “Orange Prince” based...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

Sullivan & Worcester

Sullivan files Supreme Court Amicus Brief to Clarify Fair Use and Transformativeness in Warhol’s Use of Lynn Goldsmith’s Prince...

Sullivan & Worcester on

Sullivan has filed an amicus curiae (friend of the court) brief in the upcoming Supreme Court case Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. The brief was filed as counsel of record for copyright scholar...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

Greenberg Glusker LLP

With Warhol, It’s Time to Transform Transformative Use

Greenberg Glusker LLP on

Over the past quarter-century, transformative use has become shorthand for fair use itself. The Warhol case gives the Supreme Court an opportunity to provide balance and flexibility to the doctrine. When I first heard...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

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