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Intellectual Property Litigation Supreme Court of the United States Fair Use

Dorsey & Whitney LLP

To Recuse or Not to Recuse? An Update.

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Given that litigation in the United States can take years from start to finish, we rarely see a conclusion to the cases we follow. In a prior blog post, we looked at the potential recusal requirements of the U.S. Supreme...more

Greenberg Glusker LLP

AI Training, Fair Use, and the Burdens of Being First

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Judge Bibas’s second take in Thomson Reuters v. Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. “Highly fact-specific.” “Narrowly decided.” A case with...more

McDermott Will & Emery

Easy Tiger: Docuseries Summary Judgment Remanded for Further Fair Use Consideration

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Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the...more

White & Case LLP

Supreme Court Declines to Shred Rogers v. Grimaldi in Trademark Tug-of-War Over Dog Toy

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The Supreme Court issued a unanimous decision on June 8 in Jack Daniel's Properties v. VIP Products LLC, __ US __ (2023), a victory for Jack Daniel's in a battle over whether a dog toy infringed and diluted Jack Daniel's...more

Fenwick & West LLP

Jack Daniel’s Takes a Bite in Trademark Dispute – Secures a Favorable Ruling by SCOTUS

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On June 8, 2023, the United States Supreme Court published its long-awaited decision in Jack Daniel’s Properties Inc. v. VIP Products LLC—a trademark dispute between whiskey maker Jack Daniel’s and VIP Products, the...more

Miller & Martin PLLC

Borrower Beware: Landmark Copyright Infringement Decision Issued by the United States Supreme Court

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The United States Supreme Court recently issued its first opinion in the realm of copyright since its 2021 decision in Google v. Oracle, this time focusing not on software and source code, but on pop art and the publishing...more

Sullivan & Worcester

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

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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

McDermott Will & Emery

Keeping “Fair Use” Fair: SCOTUS Says First Fair Use Factor Should Be Interpreted Narrowly to Protect Copyright Holders

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The Supreme Court of the United States affirmed the US Court of Appeals for the Second Circuit’s decision, holding that the first factor in the fair use analysis favored photographer Lynn Goldsmith because the “purpose and...more

Epstein Becker & Green

Six Decisions, with Intellectual Property and Internet Communications Regarding Terrorist Activity at the Forefront – SCOTUS Today

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The Supreme Court issued no fewer than six opinions on Thursday, May 18, addressing questions including whether an internet platform might be held liable as an aider and abettor of terrorist activity, and whether Andy...more

Miller Canfield

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

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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

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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

Bracewell LLP

Supreme Court Rules Andy Warhol’s Famous “Orange Prince” May Be Copyright Infringement

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Today, in an opinion that purports to be narrow but will have sweeping implications, the Supreme Court ruled that Andy Warhol’s well-known “Orange Prince” illustration is not a transformative fair use of Lynn Goldsmith’s...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

International Lawyers Network

Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use

A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The Supreme Court’s...more

Farella Braun + Martel LLP

[Webinar] SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways - July 27th, 10:00 am - 11:00 am PT

After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of the United States finally put an end to the copyright infringement case Oracle brought against Google. The case was about...more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part Two)

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In this week's podcast of The Briefing from the IP Law Blog, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v...more

Weintraub Tobin

The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part Two)

Weintraub Tobin on

In this week's episode of the Briefing from the IP Law Blog, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith)....more

Fenwick & West LLP

Supreme Court Expands Upon Software Fair Use in Google v. Oracle

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On April 5, 2021, after 10 years of litigation, the U.S. Supreme Court published its decision in the much-watched Google v. Oracle dispute. The Court held that use of certain “declaring code” from the Java API in the Android...more

McDermott Will & Emery

Not With a Bang but a Whimper

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In a non-precedential Order issued by the US Court of Appeals for the Federal Circuit—on remand from the US Supreme Court’s April 2021 decision upholding Google’s fair use defense to Oracle’s copyright infringement claim—the...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2021

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In This Issue - Section 230 and the Future of Content Moderation - We analyze Section 230 of the Communications Decency Act—the 1996 law that provides a legal shield for internet providers from content created by their...more

Brownstein Hyatt Farber Schreck

Supreme Court: Copying APIs in Software Can Be Fair Use

Intellectual property protection for software has long been a concern, both for innovators seeking to protect their work as well as innovators seeking to make use of existing works for further development. The shifting...more

Sunstein LLP

Warhol, Prince, and a Continued Narrowing of Copyright’s Fair Use Doctrine

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In a decision last month, the Second Circuit Court of Appeals continued its recent trend of narrowing the fair use defense in copyright cases. The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith involved a...more

Pillsbury - Internet & Social Media Law Blog

Google v. Oracle, Fair Use and the Decreasing Value of Code Over Time

Earlier this month, in what many consider the copyright case of the decade, the Supreme Court released its much-anticipated decision in Google v. Oracle. In it, the Court ruled that Google’s copying of 11,500 lines of...more

Foley Hoag LLP

API Copying Now Fair Game in the Wake of Supreme Court’s Decision in Google LLC v. Oracle America Inc.

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The decade-long dispute between Google LLC and Oracle America Inc. has now ended with the Supreme Court ruling 6-2 in favor of Google. This dispute concerned Google’s use of Oracle’s “declaring code” – software that provides...more

Tarter Krinsky & Drogin LLP

Battle Royale: Google LLC v. Oracle America, Inc.

The question of fair use has been the subject of many notable court decisions, including one recent one from the Second Circuit Court of Appeals holding that Warhol’s use in the artwork of Lynn Goldsmith’s photographs wasn’t...more

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