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Intellectual Property Protection Andy Warhol Foundation for the Visual Arts Inc v Goldsmith

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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Fair-Use Whiplash: Thomson Reuters v. Ross Intelligence Revisits Fair Use for Artificial Intelligence

On Tuesday, February 11, a Delaware district court issued much-awaited summary-judgment decisions in Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc., No. 1:20-cv-613, potentially shaping how future...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: From King James to the King of Jazz: IP Issues in Tattoo Art

Copyright law protects creative works that are “fixed in any tangible medium of expression”—but it is hard to imagine that the drafters of this language envisioned that the human body would become such a popular medium of...more

Dorsey & Whitney LLP

Unauthorized Use of Banksy’s Work: Does a Street Artist Have Legal Recourse Against an Exhibition?

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Recent unauthorized Banksy exhibits highlight the ongoing struggle of what obligations society owes to artists. While intellectual property laws primarily provide artists with economic protections and redress, what of artists...more

Troutman Pepper Locke

How AI Cos. Can Cope With Shifting Copyright Landscape

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In the ever-evolving landscape of artificial intelligence development, utilizing copyrighted material for training algorithms has not only become the comedy fodder for “Saturday Night Live” cast members, but also a focal...more

Brownstein Hyatt Farber Schreck

Plaintiffs Benefit From SCOTUS Ruling There Is No Time Bar for Copyright Damages

Many companies are not strangers to receiving demand letters on behalf of copyright owners. Routine demand letters often allege that the company’s use of what it believed was a stock photo, public domain image, or music on...more

Kohrman Jackson & Krantz LLP

Unpacking Fair Use: A Legal Battle Between Sculptors and Photographers in the NFL

Earlier this year, a rare case of copyright infringement was brought against the National Football League (NFL) and the Detroit Lions over a statue of Hall of Fame player Barry Sanders. The case, filed in January in New York...more

Bilzin Sumberg

What Have We Learned In The Year Since Warhol?

Bilzin Sumberg on

In May, it will have been a year since the U.S. Supreme Court decided Andy Warhol Foundation for Visual Arts Inc. v. Goldsmith. In that case, the court held that Andy Warhol's silkscreens of the musician Prince based on a...more

Dorsey & Whitney LLP

Warhols, Tigers and Monkees, Oh My! - The Tenth Circuit Applies the Supreme Court’s Warhol Decision Against Netflix

Dorsey & Whitney LLP on

In a mashup that the late pop artist Andy Warhol surely would have loved, the U.S. Court of Appeals for the Tenth Circuit has applied the Supreme Court’s 2023 decision in Andy Warhol Foundation for the Visual Arts, Inc. v....more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Foley & Lardner LLP

Generative AI Systems Tee Up Fair Use Fight

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The surge of generative artificial intelligence (“AI”) systems entering the market faces a barrage of intellectual property challenges in the courts. In one particular flavor, copyright holders allege that the generative AI...more

Weintraub Tobin

AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case

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The Delaware District Court’s Ruling on cross-motions for summary judgment in the case of Thomson Reuters v. Ross Intelligence Inc will provide guidance for similar AI training/copyright infringement cases and, as a bonus, it...more

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

Weintraub Tobin

Podcast: The Briefing - Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

Weintraub Tobin on

A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can...more

Weintraub Tobin

The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

Weintraub Tobin on

A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can...more

Vondran Legal

Copyright Fair Use Examples

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Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression). Photograph - Images - Illustrations - Paintings...more

Kohrman Jackson & Krantz LLP

Supreme Court to Examine Free Speech Limits in “TRUMP TOO SMALL” Trademark Case

The intersection of free speech and private business branding is once again in front of the Supreme Court of the United States. On June 5th, the Supreme Court decided to hear Vidal v. Elster, Case 22-704, an appeal from the...more

Baker Donelson

The Impact of the Supreme Court's Goldsmith Decision on Copyright Enforcement Against AI Tools

Baker Donelson on

Introduction - The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists...more

Weintraub Tobin

The Briefing: Is Warhol Bad for Documentarians?

Weintraub Tobin on

There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this...more

Weintraub Tobin

Podcast: The Briefing - Is Warhol Bad for Documentarians?

Weintraub Tobin on

There is some concern that the Supreme Court’s decision in Andy Warhol Foundation v. Goldsmith will harm the documentary filmmaking community. Scott Hervey and Tara Sattler discuss the implications of this case on this...more

Sunstein LLP

What is Transformative Use? Warhol Copyright Decision Exposes Surprising Tension Between Usual Supreme Court Allies

Sunstein LLP on

In May, the Supreme Court issued an unusually contentious 7-2 decision concerning the fair use defense available to alleged copyright infringers. The majority decision in The Andy Warhol Foundation for the Visual Arts, Inc....more

Wiley Rein LLP

AI and Copyright Law: Understanding the Challenges

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Artificial intelligence (AI) and copyright law appear to be on a collision course, with court cases and both executive and legislative activity poised to shape how copyright law will apply to AI development and uses. Recent...more

Frantz Ward LLP

The United States Supreme Court – More Partisan or Principled?

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As the United States Supreme Court concluded its most recent term, a flurry of consequential decisions were released.  As is typical, some of the most controversial decisions were released towards the end of the term (which...more

Weintraub Tobin

Is Warhol Bad for Documentarians?

Weintraub Tobin on

The Supreme Court decision in Andy Warhol Foundation v. Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor examines the purpose and character of the...more

Perkins Coie

Sign ‘O’ the Times: The Supreme Court Rules on Warhol v. Goldsmith

Perkins Coie on

The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn...more

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