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Fair Use Derivative Works

“Charging Bull” Sculptor Articulates VARA Complaint, But “Fearless Girl” Still Standing Firm

by Sullivan & Worcester on

After a recent discussion about whether the new Fearless Girl sculpture by Kristen Visbal in Lower Manhattan might implicate the copyright of the earlier Charging Bull sculpture that has been there for nearly three decades,...more

FAN ART: Tribute or Tribulation?

“Fan Art”—you’ve probably seen it and didn’t know it. Maybe you’ve even purchased it, not knowing it wasn’t legally created. So what is it, exactly? Fan art is art created by fans of characters that were originally created by...more

Judge Leval Illuminates Google Books Fair Use Issues Second Circuit Affirms Summary Judgment for Defendant in Massive Copying Case

by Fenwick & West LLP on

Based on the defense of fair use, the Second Circuit affirmed summary judgment for Google in the decade-long copyright battle between an authors group and the Internet search giant. The lawsuit concerned Google’s right to...more

Transformative Parody Entitled to Independent Copyright Protections - Keeling v. Hars

by McDermott Will & Emery on

The U.S. Court of Appeals for the Second Circuit affirmed a district court in a rare instance where a playwright’s derivative work—a parody—fell within the fair use doctrine and acquired sufficient originality to warrant...more

Richard Prince’s Instagram Art: Do You Know Where Your Face Is?

Social media, it seems, has turned us all into photographers. Anyone with a Facebook page, an Instagram account or any of the other methods for socializing on the web, can post original photos for all the world to see,...more

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Cybersecurity

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