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Fair Use Certiorari

International Lawyers Network

Free Speech, Chatting About Friends, Kraken/Crackin’ On AI, & Thinking About Fred & Ginger: Generated Content, Amici Curiae, & A...

Lots of people are talking about ChatGPT. Some, like those at Microsoft, see it as a valuable tool to be integrated into their products and platforms; indeed, one of its lawyers thought that the answer provided by ChatGPT...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Proskauer - Minding Your Business

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

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

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol,...

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement action against the Andy Warhol Foundation, over several Warhol paintings that utilize the...more

Weintraub Tobin

The Briefing by the IP Law Blog: The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince,...

Weintraub Tobin on

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement action against the Andy Warhol Foundation, over several Warhol paintings that utilize the...more

Morgan Lewis - Tech & Sourcing

Supreme Court to Hear Warhol Fair Use Case

The US Supreme Court is set to hear a case regarding fair use as it pertains to a photo of the universally known music artist, Prince. The nation’s highest court will hopefully clarify when and how artists can make use of the...more

Dorsey & Whitney LLP

Most. Important. Copyright. Fair. Use. Case. Ever!

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Hyperbolic descriptions of the supposed importance of cases dealing with intellectual property rights are as numerous as they are unfounded, but that is not true when it comes to The Andy Warhol Foundation for the Visual...more

Weintraub Tobin

The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith

Weintraub Tobin on

The Supreme Court granted a petition for writ of certiorari filed by the Andy Warhol Foundation for the Visual Arts that arises from a copyright infringement action filed by photographer Lynn Goldsmith, who took the photos of...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

Morrison & Foerster LLP

Supreme Court Grants Cert in Andy Warhol Foundation Case on Copyright Fair Use

Following a twenty-seven year drought of copyright fair use cases, the Supreme Court is now set to take on its second case on the doctrine in two years. The high court granted a petition this week in Andy Warhol Foundation...more

McDermott Will & Emery

Supreme Court to Consider Fair Use and Transformative Works of Art

McDermott Will & Emery on

The Supreme Court of the United States agreed to consider the application of the fair use doctrine as it relates to transformative works. The Andy Warhol Foundation v. Goldsmith, Case No. 21-869 (Supr. Ct. Mar. 28, 2022)...more

Dorsey & Whitney LLP

Google v. Oracle: What We Learned from Oral Argument

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On October 7, 2020, the Supreme Court heard arguments in Google v. Oracle, a decade-long battle challenging Oracle’s claim to own copyrights in certain aspects of its Java software platform that Google implemented in Android...more

Sunstein LLP

The Supreme Court Ponders These Questions in Google v. Oracle: Is the Sky Falling? Is JAVA like the QWERTY Keyboard?

Sunstein LLP on

The Supreme Court heard oral arguments on October 7 in Google v. Oracle, which involves a Federal Circuit decision that we have discussed here. The primary question is whether the code of application programming interfaces...more

Vedder Price

Google v. Oracle and the Future of Software Development

Vedder Price on

The decade-old battle between two technology powerhouses—Google and Oracle—potentially reshaping the future of software will now continue into the Supreme Court’s next term. Referred to in the media as the copyright lawsuit...more

Dorsey & Whitney LLP

Google v. Oracle: SCOTUS Grants Cert In The “Copyright Lawsuit of the Decade” - Now What?

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On November 15, 2019, the Supreme Court granted cert in Google LLC v. Oracle America Inc. For many observers, this was a long time coming; the parties have been litigating the underlying case since August 2010, and from its...more

McDermott Will & Emery

Supreme Court to Weigh In on Google-Oracle Copyright Dispute

McDermott Will & Emery on

The Supreme Court of the United States granted certiorari in the decade-long battle between Google and Oracle over use of copyrighted pieces of Java software in the Android smartphone operating system. Google LLC v. Oracle...more

Dorsey & Whitney LLP

The Supreme Court - November 15, 2019

Dorsey & Whitney LLP on

This afternoon, the Supreme Court of the United States granted certiorari in the following cases: Google LLC v. Oracle America, Inc., No. 18-956: 1) Whether copyright protection extends to a software interface. 2) Whether,...more

Morrison & Foerster LLP - Social Media

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

Dorsey & Whitney LLP

Comic-Con, Costumes, and Copyright Concerns

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Get ready, nerds! This summer’s Comic-Con season is almost upon us and your costume is not going to make itself. But before you squeeze into your tights and cape, do you need to worry about copyright infringement? This blog...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - February 2016

Be Reasonable: The U.S. Supreme Court Agrees to Review the Standard for Awarding Attorneys' Fees to the Prevailing Party in Copyright Infringement Suits - Why it matters: On January 15, 2016, the U.S. Supreme Court...more

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