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The Copyright Act Photographs Appeals

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

Sheppard Mullin Richter & Hampton LLP

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s...

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF), in a long-awaited decision impacting fair use...more

McDermott Will & Emery

A Work of Art? Ninth Circuit Analyzes Foreign Judgments and Fair Use

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic...more

McDermott Will & Emery

When Pictures Aren’t Pictures: Real Estate Agent-Generated Floor Plans Are Outside Copyright Infringement Exception for Pictorial...

McDermott Will & Emery on

Examining whether the Architectural Works Copyright Protection Act enacted in 1990 protects the creation of floor plans, the US Court of Appeals for the Eighth Circuit held that such technical drawings generated for...more

Bracewell LLP

Artists Beware - Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph

Bracewell LLP on

In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright...more

Dorsey & Whitney LLP

The Copyright Circus Has Finally Left Town

Dorsey & Whitney LLP on

Last Friday, the 9th Circuit Court of Appeals finally put to bed a copyright dispute that many viewed as nothing short of bananas. Naruto v. Slater—dubbed the “Monkey Selfie” case—raised the novel (if not bizarre) question of...more

BCLP

Second Circuit Punts on In-Line Linking Appeal

BCLP on

The Second Circuit denied an interlocutory appeal in a high stakes copyright case that is being closely watched by both photographers and media companies around the country, sending key issues in the case back to the district...more

Fenwick & West LLP

All the World’s a Stage, and Some Players Are De Minimis Under Copyright Law

Fenwick & West LLP on

The out-of-doors world abounds with copyrighted works, and visual authorship is everywhere on display: giant visuals on buses, designs on T-shirts, public sculpture, caps with artsy graphics, advertising posters — and...more

Lowndes

Establishing Copyright is Not Monkey Business

Lowndes on

Next time you think of commissioning your dog to create some artwork, you’d better think twice. According to the Ninth Circuit Court of Appeals, animals do not have standing as copyright owners to sue for infringement under...more

Mintz - Trademark & Copyright Viewpoints

Monkeys Lack Standing to Sue for Copyright Infringement

Well, it’s official: Naruto, the crested macaque monkey who took photographs of himself while on a reserve on the island of Sulawesi, Indonesia in 2011, lacks statutory standing under the US Copyright Act to sue for copyright...more

Genova Burns LLC

Monkey See, Monkey Sue: Ninth Circuit Finds Naruto Cannot Sue Under Copyright Act

Genova Burns LLC on

Last week, the Ninth Circuit Court of Appeals panel affirmed dismissal of copyright infringement claims brought on behalf of a macaque monkey, Naruto, against a wildlife photographer. The Court found that Naruto had...more

Tucker Arensberg, P.C.

No Monkeying Around with this Opinion – Naruto v. Slater, No. 16-15469, 2018 WL 1902414 (9th Cir. Apr. 23, 2018)

Tucker Arensberg, P.C. on

In case you are curious about the extent of animal rights under the law, take a look at this new decision in the Ninth Circuit, Naruto v. Slater, 2018 WL 1902414 (9th Cir. Apr. 23, 2018). Naruto, an Indonesian macaque, picked...more

McDermott Will & Emery

Ninth Circuit Provides a Second Look at Willful Copyright Infringement **WEB ONLY**

McDermott Will & Emery on

In a case stemming from a copyright dispute over photographs of the legendary hip hop group Run-DMC, the US Court of Appeals for the Ninth Circuit reversed a district court’s grant of summary judgment in favor of a music...more

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