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Appeals › Appropriation

Proskauer - Minding Your Business

Supreme Court to Re-Examine Fair Use: Warhol Foundation v. Goldsmith

Proskauer - Minding Your Business on

On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol drawings and silkscreen prints adapted...more

Keating Muething & Klekamp PLL

Eminent Domain Insight: Ohio Supreme Court Weighs in on Challenging the Necessity of a Public Use in a Utility Condemnation Action

Keating Muething & Klekamp PLL on

Some might argue that challenging the necessity of an appropriation involving a public utility or common carrier is a futile act, given the presumption of the necessity under R.C. 163.09(B)(1)(c). In State ex rel. Bohlen v....more

McDermott Will & Emery

Amended Opinion Hedges Constitutionality of Punitive Damages Award

McDermott Will & Emery on

The US Court of Appeals for the Seventh Circuit amended its August 2020 opinion in Epic Systems v. Tata Consultancy to clarify that its analysis of punitive damages applies only to this particular case. Epic Systems Corp. v....more

McDermott Will & Emery

Epic Punitive Damages Award Violates Due Process

McDermott Will & Emery on

Addressing the appropriateness of three separate damages awards totaling $520 million, the US Court of Appeals for the Seventh Circuit affirmed the lower court’s award of $140 million in compensatory damages, but found that...more

Nossaman LLP

Appropriation Art As Fair Use Under The Copyright Act

Nossaman LLP on

Appropriation art raises special issues of fair use. An appropriation artist takes the work of another artist and modifies it in some fashion and in the process creates a new work of art. Andy Warhol's Campbell Soup Can...more

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