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Supreme Court Determines Some Copyright Owners Can Recover Damages Beyond the Statute of Limitations

On May 9, 2024, the U.S. Supreme Court issued its decision in Warner Chappell Music Inc. et al. v. Sherman Nealy et al. (No. 22-1078), holding that copyright owners can recover damages going back more than three years based...more

Photographers’ Challenge to Copyright “Server Test” Implicates Critical Internet Functions

On August 28, 2023, two photographers filed a petition for rehearing en banc, urging the Ninth Circuit to reconsider its recent decision in Hunley v. Instagram, which held that Instagram could not be held liable for secondary...more

Copyright Fair Use Purpose and Character: SCOTUS Says Transformation Alone Isn’t Enough

On May 18, 2023, the U.S. Supreme Court issued a long-awaited ruling clarifying one element of the Copyright Act’s fair use doctrine. The 7-2 opinion came in a case involving Andy Warhol’s transformation of a photograph of...more

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