News & Analysis as of

Copyright Copyright Infringement First Amendment

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Jenner & Block

Client Alert: U.S. Copyright Office Issues “Digital Replica” Report Finding Urgent Need for New Federal Legislation

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Last year, the U.S. Copyright Office commenced a far-reaching policy study concerning copyright and related issues raised by the widespread availability and use of artificial intelligence (AI). This week, the Office released...more

McDermott Will & Emery

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

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As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

Katten Muchin Rosenman LLP

What the Supreme Court's Decision in Warhol Could Mean for the Future of Fair Use - Katten Kattwalk | Issue 25

In a case that pitted Andy Warhol’s legacy foundation against rock portraitist Lynn Goldsmith, Supreme Court Justices Sonya Sotomayor and Elena Kagan split on an issue central to the ideals of copyright law: how the law...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith

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The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on...more

Weintraub Tobin

The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith

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The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on...more

Holland & Knight LLP

U.S. Supreme Court Holds That First Factor of Fair Use Test Favors Photographer

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In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without...more

Polsinelli

Copyright Term Reduction Act, Part 2: Let’s Party Like It's 1909

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As an extension of an effort spearheaded by Senator Josh Hawley (R-Missouri) last year, the Copyright Clause Restoration Act of 2023 (H.R.576) was recently introduced in the U.S. House of Representatives by U.S. Rep. Greg...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

Snell & Wilmer

Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright...

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The U.S. Supreme Court recently granted a petition for writ of certiorari to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. The Court will review a Second Circuit decision...more

Akerman LLP - Marks, Works & Secrets

If Warhol Isn’t Transformative, Redux, In The Supreme Court

On March 25, 2022, the Supreme Court agreed to consider whether Andy Warhol’s “Prince Series” sufficiently transforms Lynn Goldsmith’s 1981 photograph of Prince (the “Photograph”) to qualify for the Copyright Act’s fair use...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – September 2021

Main Quest - ‘Mint’ Conditions: NFTs and Video Games - Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly...more

Greenberg Glusker LLP

[Webinar] Entertainment & IP Cases You May Have Missed While Quarantining - May 19th, 10:00 am - 11:00 am PT

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Please join us as three of Greenberg Glusker’s entertainment and media litigators present a round-up of notable intellectual property and entertainment cases from the past few months that you may have overlooked during the...more

Sheppard Mullin Richter & Hampton LLP

French Picasso Judgment is Abstract Expression to U.S. Law

Last week, Sheppard Mullin partner Neil Popovic (San Francisco) secured summary judgment against recognition of a €2 million ($2.2 million) French judgment against art editor Alan Wofsy and Wofsy’s company Alan Wofsy &...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2019

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In This Issue - A Looming AI War: Transparency v. IP Rights - As artificial intelligence systems become more prevalent in daily life, efforts to create a unifying set of AI principles have intensified. In the past few...more

Morrison & Foerster LLP - Social Media

Social Links: Revenge porn victim awarded $6.4M; the discoverability of photos posted to Facebook; can users be blocked from...

Based on copyright infringement, emotional distress and other claims, a federal district court in California awarded $6.4 million to a victim of revenge porn, the posting of explicit material without the subject’s consent....more

Jaburg Wilk

When Social Media Takedown Notices Aren’t Enough

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Social media usage has exploded in recent years and has permanently transformed the way products and services are marketed and sold. Social media platforms include many different online destinations such as social networking...more

Morrison & Foerster LLP - Social Media

Social Links: Inline link to tweet with photo could constitute copyright infringement; proposed California legislation could...

In a decision that has generated considerable controversy, a federal court in New York has held that the popular practice of embedding tweets into websites and blogs can result in copyright infringement. Plaintiff Justin...more

McDermott Will & Emery

Presumption in Favor of Unmasking Copyright Infringers

The US Court of Appeals for the Sixth Circuit recognized “a presumption in favor of unmasking anonymous defendants when judgment has been entered for a plaintiff.” Signature Management Team v. Doe, Case No. 16-2188 (6th Cir.,...more

Bennett Jones LLP

Going to California—Google Asks U.S. Court to Declare Supreme Court of Canada's Global Injunction Unenforceable

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The Supreme Court of Canada recently confirmed the availability of a novel form of worldwide injunction whereby Google, a non-party to the litigation, was required to block worldwide access to websites operated by a...more

Proskauer Rose LLP

Three Point Shot - June 2017

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"12th Man" Suit Forces Aggies to Call an Audible on Traditional Copyright Defenses - Texas A&M University's "12th Man" is at the center of a legal blitz facing the University's Athletic Department. On January 19, 2017,...more

Knobbe Martens

The Top Hits: Fashion Cases with a Big Impact

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Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - June 2017

Ninth Circuit: Website Moderators May Be Agents of ISPs - Why it matters: On April 7, 2017, the Ninth Circuit revived a copyright infringement case filed by a paparazzi group against social media platform LiveJournal that...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Sheppard Mullin Richter & Hampton LLP

News of Note in IP

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

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