News & Analysis as of September 26, 2024

First Amendment › Commercial Use

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Senators Officially Introduce NO FAKES Act with Digital Replica Right

Manatt, Phelps & Phillips, LLP on 8/8/2024

On July 31, 2024, nearly ten months after introducing a discussion draft, a bipartisan group of Senators officially introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 (NO FAKES Act). The...more

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

Katten Muchin Rosenman LLP on 7/5/2023

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

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

Holland & Knight LLP on 6/16/2023

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

Supreme Court Rules in Favor of Commercial Use Over Dog Toy Parody in Trademark Case

Amundsen Davis LLC on 6/12/2023

On June 8, 2023, in a unanimous decision, the Supreme Court of the United States found in favor of Jack Daniel’s in deciding that a whiskey bottle-inspired dog toy, “Bad Spaniels,” used Jack Daniel’s trademarks in a...more

Good News for Game Developers: Court Extends Protections for Using Others’ Trademarks in the Advertising of Artistic Works

Fenwick & West LLP on 11/30/2017

In a move that will likely benefit game developers, the U.S. Court of Appeals for the Ninth Circuit explicitly held that First Amendment protection extends to use of third-party trademarks in the commercial promotion of an...more

The Drone Privacy and Transparency Act of 2017: Overdue or Over-reaching?

Coblentz Patch Duffy & Bass on 3/29/2017

On March 15, 2017, Senator Edward Markey (D-Mass.) and Representative Peter Welch (D-Vt.) introduced federal legislation entitled the Drone Privacy and Transparency Act of 2017. The proposed legislation seeks to address...more

Glee Camp Not So Happy: Auburn’s Zoning Enforcement Action Alleged to Violate RLUIPA’s Equal Terms Provision

Robinson & Cole LLP on 1/6/2015

The First Presbyterian Church of Auburn (the “Church”) has hosted a musical theater day camp (“Glee Camp”) in Auburn, New York for approximately three years. In July of 2014, Auburn’s code enforcement officer issued a...more

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