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Supreme Court of the United States › Fair Use

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 -
Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2022 – 2024

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The following is a review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels during the last two years....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

McAfee & Taft

SCOTUS: Damages for copyright infringement not limited to three years for timely claims

McAfee & Taft on

Recently, the U.S. Supreme Court resolved a split between the circuit courts over whether the Copyright Act’s three-year statute of limitations limits the damages a plaintiff may recover to a three-year period. The Court...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - April 2024 #4

Kaufman & Canoles on

The U.S. Supreme Court on Monday declined to hear an appeal by U.S. Soccer, leaving it to face an antitrust lawsuit that could open up the United States to official soccer matches involving foreign clubs....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

ArentFox Schiff

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

ArentFox Schiff on

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

The Last Dance? The Future of the “Rogers Test” After the Jack Daniel’s Decision

ArentFox Schiff on

After enjoying several decades of acceptance across many circuit courts, the future of the so-called “Rogers test” is uncertain. Established in the landmark Second Circuit case Rogers v. Grimaldi, Rogers is a two-step test...more

ArentFox Schiff

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

ArentFox Schiff on

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

Faegre Drinker Biddle & Reath LLP on

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

Lewis Roca

The IP of Everything Podcast - Episode 22 - The IP of Dog Toys

Lewis Roca on

Explore the legal intricacies of dog toy trademarks such as Chewy Vuitton and Bad Spaniels. Uncover key cases, including a pivotal Supreme Court showdown, with implications for both canines and intellectual property at large....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

Manatt, Phelps & Phillips, LLP

Fair Use Is Objective Inquiry Into Use of Original Work, Not Subjective Intent of User or Expression

Manatt, Phelps & Phillips, LLP on

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Supreme Court held, in a 7-2 decision, that the Andy Warhol Foundation for the Visual Arts (AWF) infringed photographer Lynn Goldsmith’s copyright when it...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

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

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

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

MarkIt to Market® - June 2023: News Flash: Trademark Infringement is No Laughing Matter

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

The Bad Spaniels and MetaBirkin cases clarify that artistic expression is no foolproof defense to trademark infringement. Brand owners welcomed the decision the US Supreme Court rendered in Jack Daniel's Properties Inc....more

Kaufman & Canoles

The Dog Days Are Over for Jack Daniel’s

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On June 8, 2023, brand owners breathed a sigh of relief with the Supreme Court’s unanimous ruling consistent with prior jurisprudence that potential infringers of a famous trademark are not precluded from liability by merely...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

Locke Lord LLP

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

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