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Intellectual Property Litigation Copyright Infringement Transformative Use

DarrowEverett LLP

New York Times vs. OpenAI: Fair Use Fight with Billions at Stake

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On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research...more

McDermott Will & Emery

Keeping “Fair Use” Fair: SCOTUS Says First Fair Use Factor Should Be Interpreted Narrowly to Protect Copyright Holders

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The Supreme Court of the United States affirmed the US Court of Appeals for the Second Circuit’s decision, holding that the first factor in the fair use analysis favored photographer Lynn Goldsmith because the “purpose and...more

Epstein Becker & Green

Six Decisions, with Intellectual Property and Internet Communications Regarding Terrorist Activity at the Forefront – SCOTUS Today

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The Supreme Court issued no fewer than six opinions on Thursday, May 18, addressing questions including whether an internet platform might be held liable as an aider and abettor of terrorist activity, and whether Andy...more

Miller Canfield

Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use

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For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more

Freeman Law

A Picture, A Painting, and A Prince: The Supreme Court Addresses the ‘Fair Use’ Doctrine

Freeman Law on

On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more

Bracewell LLP

Supreme Court Rules Andy Warhol’s Famous “Orange Prince” May Be Copyright Infringement

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Today, in an opinion that purports to be narrow but will have sweeping implications, the Supreme Court ruled that Andy Warhol’s well-known “Orange Prince” illustration is not a transformative fair use of Lynn Goldsmith’s...more

International Lawyers Network

Why Creators Need to Pay Close Attention to the SCOTUS Andy Warhol Infringement Case

The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. In taking up the case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Court aims to more...more

International Lawyers Network

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The Supreme Court’s...more

Farella Braun + Martel LLP

[Webinar] SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways - July 27th, 10:00 am - 11:00 am PT

After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of the United States finally put an end to the copyright infringement case Oracle brought against Google. The case was about...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part Two)

Weintraub Tobin on

In this week's podcast of The Briefing from the IP Law Blog, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v...more

Weintraub Tobin

The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part Two)

Weintraub Tobin on

In this week's episode of the Briefing from the IP Law Blog, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith)....more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part One)

Weintraub Tobin on

In this week's episode, attorneys Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second...more

Fenwick & West LLP

Supreme Court Expands Upon Software Fair Use in Google v. Oracle

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On April 5, 2021, after 10 years of litigation, the U.S. Supreme Court published its decision in the much-watched Google v. Oracle dispute. The Court held that use of certain “declaring code” from the Java API in the Android...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

Sunstein LLP

Warhol, Prince, and a Continued Narrowing of Copyright’s Fair Use Doctrine

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In a decision last month, the Second Circuit Court of Appeals continued its recent trend of narrowing the fair use defense in copyright cases. The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith involved a...more

Pillsbury - Internet & Social Media Law Blog

Google v. Oracle, Fair Use and the Decreasing Value of Code Over Time

Earlier this month, in what many consider the copyright case of the decade, the Supreme Court released its much-anticipated decision in Google v. Oracle. In it, the Court ruled that Google’s copying of 11,500 lines of...more

Foley Hoag LLP

API Copying Now Fair Game in the Wake of Supreme Court’s Decision in Google LLC v. Oracle America Inc.

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The decade-long dispute between Google LLC and Oracle America Inc. has now ended with the Supreme Court ruling 6-2 in favor of Google. This dispute concerned Google’s use of Oracle’s “declaring code” – software that provides...more

Tarter Krinsky & Drogin LLP

Battle Royale: Google LLC v. Oracle America, Inc.

The question of fair use has been the subject of many notable court decisions, including one recent one from the Second Circuit Court of Appeals holding that Warhol’s use in the artwork of Lynn Goldsmith’s photographs wasn’t...more

Dorsey & Whitney LLP

Google v. Oracle: SCOTUS Sides with Google on Fair Use, But Is The Ruling Narrower Than It Seems?

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On April 5, 2021, the Supreme Court issued its decision in Google v. Oracle, ruling 6-2 in Google’s favor on the issue of fair use. So ends a decade-plus battle between two tech giants that many viewed as having the potential...more

Clark Hill PLC

Copyright, Software and Fair Use of APIs: U.S. Supreme Court decides Google v. Oracle

Clark Hill PLC on

It is not an understatement to say that the economy is powered by software. So when a decision comes down from the U.S. Supreme Court on the extent to which software can be owned, it deservingly acquires “landmark case”...more

McDermott Will & Emery

SCOTUS Says 'Fair Use' in Google v. Oracle Copyright Battle

McDermott Will & Emery on

In a 6–2 decision authored by Justice Breyer, the Supreme Court of the United States reversed the US Court of Appeals for the Federal Circuit’s 2018 ruling that Google’s use of Oracle’s Java application programming interface...more

Dunlap Bennett & Ludwig PLLC

Google v. Oracle – Copyright Infringement in Developing Technologies

On April 5, 2021, the United States Supreme Court decided the case of Google, LLC v. Oracle America, Inc. in favor of Google by a 6-2 majority, with Barrett not participating. Oracle owns a copyright in Java, a popular...more

Weintraub Tobin

Fair Use Shields Google In Its Copyright Battle With Oracle

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Finding Google’s copying a fair use, the Supreme Court ended Oracle’s decade-long attempt to recover copyright damages. The battle began between these tech giants when Google designed its Android software platform for mobile...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Rules for Google in Landmark Decision Recognizing Fair Use of Computer Code

Court finds that Google's re-use of code from Oracle's Java API constitutes fair use under the Copyright Act - On April 5, 2021, the U.S. Supreme Court released its decision in Google LLC v. Oracle America, Inc.,1 a...more

Locke Lord LLP

Google LLC v. Oracle America, Inc.

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On April 5, 2021, the United States Supreme Court held that Google did not infringe on Oracle’s copyrights by copying 11,500 lines of Oracle’s Java SE API code....more

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