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Fair Use Art

Baker Donelson

Artificial Intelligence: Intellectual Property Considerations for Your Business Operations

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INTRODUCTION - Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer...more

Sullivan & Worcester

Look to the Purpose, not the Meaning—Supreme Court Rejects Warhol Foundation’s Fair Use Defense Against Lynn Goldsmith

Sullivan & Worcester on

The Supreme Court of the United States has issued its long-awaited ruling in the dispute between photographer Lynn Goldsmith and the Andy Warhol Foundation for the Visual Arts (AWFVA) on May 18, 2023. The Court held the...more

Miller Canfield

Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use

Miller Canfield on

For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more

Freeman Law

A Picture, A Painting, and A Prince: The Supreme Court Addresses the ‘Fair Use’ Doctrine

Freeman Law on

On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more

Dunlap Bennett & Ludwig PLLC

AI Art & Copyright Part 2: Artificial Intelligence Or Artfully Infringing?

Artificial Intelligence (AI) has become increasingly prevalent in the world of art, leading to new forms of creative expression that challenge our conventional notions on what constitutes art. AI-generated art is created...more

Venable LLP

Generative AI - Copyright Overview Part 1

Venable LLP on

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Fox Rothschild LLP

A Royal Circuit Split: Supreme Court Will Decide on “Prince Series” Copyright Controversy

Fox Rothschild LLP on

The United States Supreme Court granted certiorari to review the Second Circuit’s inconsistent application of the fair use doctrine when it comes to copyrighted art. The case at issue assesses whether the infamous “Prince...more

Felicello Law PC

Warhol Again Begs the Question: What is Art?

Felicello Law PC on

Sixty years after Andy Warhol first painted Campbell Soup cans, the question of “what is art?” is again being asked of one of his works. But this time the question is being asked in the highest court of the land rather than...more

Dorsey & Whitney LLP

A Tale of Two Princes

Dorsey & Whitney LLP on

An important decision by the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, Case No. 19-2420-cv (2d Cir. Mar. 26, 2021), has, in important respects, upended how the defense of fair use is...more

Sheppard Mullin Richter & Hampton LLP

Driver's License: Copyright Infringement in the World of Street Art

In January 2018, Mercedes-Benz began a marketing campaign that included photos of its cars in the Eastern Market in Detroit. The Eastern Market is home to many murals commissioned through the Murals in the Market Festival,...more

Sullivan & Worcester

Is Coopting Graffiti's Street Cred a Fair Use?

Sullivan & Worcester on

Estate of Graffiti Artist Sues McDonald’s Over Fast-Food Décor - The estate of Dashiell “Dash” Snow, better known as graffiti artist “Secret Snow”—has sued McDonald’s over allegedly infringing use of Snow’s street art...more

Fish & Richardson

"New Infringements?" Richard Prince's Latest Collection is the Subject of Copyright Claims

Fish & Richardson on

Richard Prince, the controversial appropriation artist, has once again found himself in the crosshairs of the copyright law. On December 30, 2015, Donald Graham filed a copyright infringement suit against Prince in...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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