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The Copyright Act Dormant Commerce Clause

Dorsey & Whitney LLP

The Supreme Court - March 28, 2022

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Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869: This case concerns the scope of the Copyright Act’s fair use defense. The case arises from Andy Warhols’ artwork that utilized a photo of music legend...more

Dorsey & Whitney LLP

The Supreme Court - September 27, 2018

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Today, the Supreme Court of the United States granted certiorari in five cases: Home Depot U.S.A., Inc. v. Jackson, No. 17-1471: (1) Whether an original defendant to a class-action claim can remove the class action if it...more

Sullivan & Worcester

Au Revoir, Droit de Suite—9th Circuit Narrows California Resale Royalty Act to a Single Year’s Sales

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The idea of moral rights continues to be a notable difference between European and American intellectual property rights with respect to visual arts. Last week’s decision by the U.S. Court of Appeals for the 9th Circuit in a...more

BakerHostetler

Ninth Circuit Draws Fine Line Around Fine Art Resale Royalties

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In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name and value—the Ninth Circuit Court of Appeals...more

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