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Dorsey & Whitney LLP

UPDATE: Success for “Success Kid” before the Eighth Circuit in Copyright Dispute

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A few months’ back, the TMCA wrote about a copyright dispute between the campaign committee of former Iowa Congressman Steve King and Laney Griner, the owner of the photograph used in the popular “Success Kid” meme. The...more

Holland & Knight LLP

Fourth Circuit Rules Against News Org's Fair Use of Ted Nugent Photograph

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The U.S. Court of Appeals for the Fourth Circuit ruled on Feb. 6, 2024, that a news organization's use of a photograph of musician Ted Nugent did not constitute fair use, siding with the photographer who argued that the news...more

Sunstein LLP

What is Transformative Use? Warhol Copyright Decision Exposes Surprising Tension Between Usual Supreme Court Allies

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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

Katten Muchin Rosenman LLP

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

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

Holland & Knight LLP

U.S. Supreme Court Holds That First Factor of Fair Use Test Favors Photographer

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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

Venable LLP

How Will Use of Copyrighted Content in Artificial Intelligence Be Evaluated After the Supreme Court’s Warhol Decision?

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The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is unlikely to shed much light on whether the use of copyrighted material in artificial intelligence (AI) content will...more

Lathrop GPM

Supreme Court Weakens Fair-Use Defense for Copyright Infringement Claims

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On May 18, 2023, the U.S. Supreme Court issued its first decision this century on copyright fair use in the artistic context. Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023). The 7-2...more

Miller Canfield

Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use

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For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more

Freeman Law

A Picture, A Painting, and A Prince: The Supreme Court Addresses the ‘Fair Use’ Doctrine

Freeman Law on

On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more

McDermott Will & Emery

Purple Pain: Warhol's Prince Series Isn't Fair Use of Photographer's Image

In a case spanning nearly 40 years of art and touching the estates of two of the world’s most well-known artists, the US Court of Appeals for the Second Circuit clarified its position on the application of the fair use...more

Dorsey & Whitney LLP

A Man Walks into a Bar...And Fair Use Is Found

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It is no secret about the proliferation of copyright lawsuits that have been filed over the past four years over the unauthorized use of photos online, many against media companies that seek to shield themselves from...more

McDermott Will & Emery

Good Faith Belief That Content Isn’t Copyrighted Is Bad Infringement Defense

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Addressing whether the fair use defense applies to the use of stock photographs under the Copyright Act, the US Court of Appeals for the Fourth Circuit concluded that a company’s commercial use of an unlicensed photograph...more

Weintraub Tobin

Cambridge v. Becker – A Copyright Win For Publishers or an Enlargement of Fair Use?

Weintraub Tobin on

Recently the 11th Circuit addressed on appeal the question of whether fair use insulates from copyright liability a University which offers to its students a digital repository of reading material culled from third party...more

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