News & Analysis as of

Photographs Intellectual Property Litigation

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

The U.S. Copyright Office’s Position on the Copyrightability of Works Made with the Assistance of Generative AI (Part Two)

The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Court Largely Grants Defendants’ Motion To Dismiss in AI Training Data Case

Court Largely Grants Defendants’ Motion To Dismiss in AI Training Data Case - On Monday, a district court largely granted the defendants’ motions to dismiss in Andersen et al. v. Stability AI et al., one of a series of...more

Sullivan & Worcester

Look to the Purpose, not the Meaning—Supreme Court Rejects Warhol Foundation’s Fair Use Defense Against Lynn Goldsmith

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The Supreme Court of the United States has issued its long-awaited ruling in the dispute between photographer Lynn Goldsmith and the Andy Warhol Foundation for the Visual Arts (AWFVA) on May 18, 2023. The Court held the...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

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

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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

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

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

Foster Garvey PC

Intellectual Property Rights in the Crosshairs as Lawsuits Involving Disney and Facebook Surface

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- What will the “Endgame” be for the lawsuit between Walt Disney Company and former Marvel comic book creators? In the spring of this year, a host of famed artists and illustrators of Marvel characters such as Iron Man,...more

Wilson Sonsini Goodrich & Rosati

Thinking of Framing or Embedding Content? New York Federal Courts Question the Copyright "Server Test"

Imagine you operate a website. Another website posts an image or video that you want to discuss on your site. In most circumstances, you cannot simply copy and repost that content without obtaining a license, because someone...more

Weintraub Tobin

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

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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

International Lawyers Network

Protection of Photographic Works

With the development of science and technology, cameras or mobile phones are now having various built-in shooting modes or parameters to facilitate photographers to quickly shoot assorted scenes or atmospheres, which is quite...more

Greenberg Glusker LLP

[Webinar] Entertainment & IP Cases You May Have Missed While Quarantining - May 19th, 10:00 am - 11:00 am PT

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Please join us as three of Greenberg Glusker’s entertainment and media litigators present a round-up of notable intellectual property and entertainment cases from the past few months that you may have overlooked during the...more

Foley Hoag LLP - Making Your Mark

The Top 5 Most Fashionable Intellectual Property Disputes To Walk This Year’s Runways at New York Fashion Week

New York Fashion Week (NYFW) officially kicks off today, February 7, 2020, with a week’s worth of captivating runway shows from top designers. The timing, however, could not be worse, since the 92nd Academy Awards is airing...more

Morrison & Foerster LLP

Copyright: Europe Explores Its Boundaries - EU Expands Principle of Pan-European Jurisdiction over Copyright to Online Materials

One focus of the European Union’s Digital Agenda is to break down barriers to cross-border exploitation of intellectual property rights. Consistent with this goal, the European Court of Justice (ECJ) has recently dismantled...more

Morrison & Foerster LLP - Social Media

Status Updates - April 2015 #5

Photo negative. Daniel Morel, the photojournalist who was awarded $1.2 million in damages from news agencies that distributed his iconic Haiti earthquake pictures without his permission after he posted those pictures on...more

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