News & Analysis as of

Copyright Ownership Fair Use Copyright Litigation

Offit Kurman

To Use or Not to Use? Fear Not! The Public Domain Beckons Thee

Offit Kurman on

Ah, the public domain—where copyrights dare not tread, and content lives free from the litigious claws of infringement claims. Whether thou art a humble creator or a bold entrepreneur, rejoice! For in this blessed realm, you...more

Kaufman & Canoles

Song of the Year vs. Record of the Year: Copyright Law and the Grammys

Kaufman & Canoles on

On Sunday, two of the most prestigious categories at the 67th Annual Grammy Awards will confuse millions. To prevent you from being one of them, allow copyright law to explain the difference between Song of the Year and...more

Dorsey & Whitney LLP

Will “Success Kid” Owner Continue to Succeed on Appeal in Copyright Dispute?

Dorsey & Whitney LLP on

Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more

Perkins Coie

The Legal Future of Tattoos: A Jury Rules Against Copyright Infringement

Perkins Coie on

A federal jury in California found on January 26, 2024, that TV-famous tattoo artist Katherine Von Drachenberg (Kat Von D) did not infringe plaintiff Jeffrey Sedlik’s copyrighted photo of jazz artist Miles Davis. Kat Von D...more

Mayer Brown

Developments in Copyright Law Affecting Tech Transactions

Mayer Brown on

This episode focuses on an IP right at the heart of many technology deals—copyrights. Mayer Brown partners Richard Assmus and Oliver Yaros and host Julian Dibbell will discuss some recent important changes in US and European...more

Bracewell LLP

Artists Beware - Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph

Bracewell LLP on

In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright...more

Robins Kaplan LLP

“Pound Cake” Sampling Is Fair Use According to the Second Circuit

Robins Kaplan LLP on

Drake prevails again – this time at the Second Circuit. On February 3, 2020, the Court of Appeals for the Second Circuit upheld the district court’s grant of summary judgment in favor of Drake, finding that his use of a...more

Brooks Pierce

Music Law 101: Copyright Infringement and Fair Use

Brooks Pierce on

As we have previously discussed, the owner of the copyright in a work has certain exclusive rights in that work. Anyone who violates the exclusive rights of the copyright owner is an infringer of that copyright. To...more

McDermott Will & Emery

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

McDermott Will & Emery on

Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more

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