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Supreme Court of the United States › Andy Warhol Foundation for the Visual Arts Inc v Goldsmith

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
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

Brownstein Hyatt Farber Schreck

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

Brownstein Hyatt Farber Schreck on

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

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

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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

ArentFox Schiff

Circuit Court Applies Warhol v. Goldsmith’s Updated “Transformative” Use Analysis in “Tiger King” Fair Use Suit

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The US Circuit Court of Appeals for the Tenth Circuit overturned a federal district court's determination that Netflix made fair use of the plaintiff's video in the 2020 Netflix show “Tiger King,” citing last year’s US...more

ArentFox Schiff

Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

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With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more

Faegre Drinker Biddle & Reath LLP

Avoiding Warhol: How Celebrity Tattoo Artist Kat Von D Turned Defeat Into Victory in the Central District of California

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When celebrity tattoo artist Katherine Von Drachenberg (better known as Kat Von D) tattooed a portrait of Miles Davis on her friend Blake Farmer’s arm as a gift, she used a reference photo created by professional photographer...more

Proskauer - Minding Your Business

The “State of the Arts” after Andy Warhol Foundation v. Goldsmith

Proskauer - Minding Your Business on

It has been eight months since the Supreme Court’s landmark copyright fair use decision in Andy Warhol Foundation for the Visual Art, Inc. v. Goldsmith. Much has been written on the subject, including in this forum, but in...more

Vondran Legal

Copyright Fair Use Examples

Vondran Legal on

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

Kohrman Jackson & Krantz LLP on

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

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

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

Katten Muchin Rosenman LLP

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

Katten Muchin Rosenman LLP on

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

Katten Muchin Rosenman LLP

The Katten Kattwalk | Issue 25

Katten Muchin Rosenman LLP on

Welcome to the summer issue of Katten KattWalk! We have an issue chock full of developments and pressing issues for fashion and brands. Associate Cynthia Martens starts with a look at “superfakes” and how the rise in...more

Dickinson Wright

Warhol and Prince: Good Artists Borrow, Great Artists…Litigate

Dickinson Wright on

Picasso said: “good artists borrow, great artists steal.” Or maybe he took the phrase from someone else. In any case, the US Supreme Court has again confounded the legal world by upending expectations, if not years of...more

Troutman Pepper Locke

Warhol’s Brush With AI: Redefining Fair ‎Use for Generative AI ‎and Large Language ‎Models‎

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The Supreme Court recently revisited the applicability of “fair use” as a defense to copyright claims. While the case involved two artistic titans in their fields—Prince and Andy Warhol—the decision will have enormous effects...more

Cozen O'Connor

The Frustrating Reality of Fair Use: AWF v. Goldsmith

Cozen O'Connor on

On May 18, 2023, the U.S. Supreme Court released its long-awaited opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. In 1981, rock and roll photographer Lynn Goldsmith photographed the...more

Weintraub Tobin

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

Weintraub Tobin on

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

Weintraub Tobin on

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

Holland & Knight LLP on

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

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