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Fair Use Derivative Works Photographs

Weintraub Tobin

The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

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A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can...more

Perkins Coie

Sign ‘O’ the Times: The Supreme Court Rules on Warhol v. Goldsmith

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The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn...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

Dorsey & Whitney LLP

Artists v. AI Images

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AI technology is developing at a tremendous pace and AI image creation is no exception. AI images are even winning art contests. Since AI generates artistic images modeling others’ work, human artists are asking “is it...more

Holland & Knight LLP

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

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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?

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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

Fitch, Even, Tabin & Flannery LLP

U.S. Supreme Court Underscores Objective Analysis over Artistic Interpretation in Copyright Fair Use

On May 18, in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the U.S. Supreme Court considered which “use” of a derivative work is relevant for applying the first statutory factor of the fair-use doctrine. The...more

Lathrop GPM

Supreme Court Weakens Fair-Use Defense for Copyright Infringement Claims

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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

BakerHostetler

What Goldsmith Means to AI Trainers

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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

Benesch

Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder

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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

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

White & Case LLP

A Blow to Visual Artists? What the U.S. Supreme Court's Latest Copyright “Fair Use” Decision May Mean for Copyright Protection and...

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Last Thursday, May 18, 2023, the U.S. Supreme Court ruled in a 7-2 decision that the Andy Warhol Foundation's ("AWF") use of Lynn Goldsmith's photograph of the musician Prince in the commercial licensing of artist Andy...more

Locke Lord LLP

A Fair Decision for Creativity? SCOTUS ‎Finds No Fair Use in Warhol Prince Portrait

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On May 18, 2023, the United States Supreme Court held that the “purpose and character” of the Andy Warhol Foundation’s (AWF) use of Lynn Goldsmith’s portrait of Prince did not favor a determination of fair use....more

Greenberg Glusker LLP

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

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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

Venable LLP

The Supreme Court’s Warhol Ruling Makes Fair Use Defense Seem Even Riskier

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Last week, the Supreme Court issued a long-awaited copyright fair use decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al. In short, the Supreme Court looked at whether it was fair use under the...more

Goodwin

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

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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...

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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

Proskauer Rose LLP

Second Circuit Finds Andy Warhol’s Use of Prince Photograph Wasn’t All That Transformative After All

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For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use...more

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

MarkIt to Market® - March 2021: Art Imitating Art?

The Second Circuit recently decided whether artist Andy Warhol’s series of silkscreen prints and pencil illustrations titled “Prince Series” was a fair use of photographer Lynn Goldsmith’s copyrighted photograph of musical...more

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