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303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling,...more

In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the...more

Supreme Court Hands Twin Victories to Online Services

Twitter v. Taamneh and Google v. Gonzalez rulings address Section 230 of the Communications Decency Act - The Supreme Court ruled in two long-awaited cases on May 18, handing twin victories to online services. These...more

Pop Art Flop: Supreme Court Rules Against Warhol Foundation

The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince - On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of...more

Supreme Court Holds Inaccuracy in a Copyright Registration Only Invalidates the Registration With Proof of Actual Knowledge of...

On February 24, 2022, the U.S. Supreme Court held in a 6-3 decision that an error in an application for copyright registration can invalidate a registration only where the applicant has actual knowledge of or is willfully...more

Supreme Court’s Strict Construction of Copyright Act Pre-Suit Requirements Likely to Up the Ante on “Preregistration”

The Supreme Court held on March 4 that a copyright owner may not file a lawsuit alleging infringement without first securing a registration from the Copyright Office. The opinion resolves a longstanding split in federal...more

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