Jones Day Talks Intellectual Property: Blurrier Lines and Narrow Grounds—Implications of the Ninth Circuit’s Blurred Lines Decision
For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use...more
The Second Circuit recently decided whether artist Andy Warhol’s series of silkscreen prints and pencil illustrations titled “Prince Series” was a fair use of photographer Lynn Goldsmith’s copyrighted photograph of musical...more
The March 2021 issue of Sterne Kessler's MarkIt to Market® newsletter discusses fair use cases for photographs and three recent developments in the cannabis space. We also highlight recent accolades earned by Sterne Kessler's...more
The US Court of Appeals for the Ninth Circuit reversed a district court’s dismissal with prejudice where a lace textile manufacture pleaded that a popular fashion retailer and other defendants infringed on the manufacturer’s...more
As we have previously discussed, the owner of the copyright in a work has certain exclusive rights in that work. Anyone who violates the exclusive rights of the copyright owner is an infringer of that copyright. To...more
When does inspiration turn into copyright infringement? The line is getting blurrier. Jones Day’s Meredith Wilkes, Anna Raimer, and Aryane Garansi explain how the Ninth Circuit’s decision—on “narrow grounds”—in the Blurred...more
On February 22, Chief Judge Saris in the District of Massachusetts issued an opinion on a motion to dismiss implicating several complex copyright infringement issues. The Chief Judge’s ruling analyzed whether several...more