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Transformativeness Copyright Infringement

The Rodman Law Group, LLC

Risks that AI Developers Must Consider When Developing AI

Artificial Intelligence (AI) is not just a technological innovation; it’s a transformative force that has permeated multiple sectors, from healthcare to finance. As AI startups and companies creating AI tools (“AI...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Addresses Copyright Fair Use Defense in Goldsmith

On May 18, 2023, the U.S. Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith et al., No. 21-869, analyzing the Copyright Act’s first fair...more

Fenwick & West LLP

Transformative Fair Use: Does Andy Warhol Qualify?

Fenwick & West LLP on

On March 28, 2022, the Supreme Court granted certiorari in Andy Warhol Foundation v. Goldsmith, a case concerning whether Andy Warhol’s use of Lynn Goldsmith’s photograph of Prince (the musician) to create illustrations in...more

ArentFox Schiff

A Blow to Pop Art: Andy Warhol’s Prince Series Not a 'Fair Use' of Lynn Goldsmith’s Photograph

ArentFox Schiff on

The Second Circuit recently held that artist Andy Warhol’s use of Lynn Goldsmith’s photograph of the musician Prince (the “Goldsmith Photograph”) to create fifteen new unauthorized silkscreen and pencil artworks (the “Prince...more

International Lawyers Network

Entitled To Copyright Erasure?: A Fair Use Search For A Derived Yet Transformational Work

For those of you who may read my past ILN posts, you will not be surprised that I subscribe to the Tucker Max approach: Make the title attention-grabbing, memorable and searchable, informative, easy and not embarrassing to...more

Dorsey & Whitney LLP

A Tale of Two Princes

Dorsey & Whitney LLP on

An important decision by the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, Case No. 19-2420-cv (2d Cir. Mar. 26, 2021), has, in important respects, upended how the defense of fair use is...more

Dorsey & Whitney LLP

Gossip Cop Gets Cuffed For Copyright Infringement

Dorsey & Whitney LLP on

The U.S. District Court for the Southern District of New York recently found that Gossip Cop, a website that rates celebrity gossip on a scale of “real” to “rumor,” infringed the copyrights in three photographs of famous...more

BakerHostetler

Another Step in the Long March from Campbell v. Acuff-Rose toward Fair Use Free-for-All?

BakerHostetler on

TVEyes is a media-monitoring subscription service that “records the entire content of television and radio broadcasts and creates a searchable database of that content.” This service allows subscribers to search keywords or...more

Proskauer Rose LLP

Seventh Circuit Criticizes Second Circuit's "Transformative Use" Approach to Fair Use

Proskauer Rose LLP on

On September 15, 2014, the U.S. Court of Appeals for the Seventh Circuit issued a notable opinion on the relevance and importance of "transformative use" on the copyright fair use analysis. (Kienitz v. Sconnie Nation LLC, No....more

Sheppard Mullin Richter & Hampton LLP

Yes Rasta! Appropriate Appropriation: Second Circuit Holds That Commentary on Original Work Unnecessary for Fair Use Defense, Only...

In Cariou v. Prince, No. 11-1197-cv (2d Cir. Apr. 25, 2013), an opinion with significant importance for the art world, the U.S. Court of Appeals for the Second Circuit clarified what is required for a defendant’s entitlement...more

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