Podcast: The Briefing - Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
The Briefing: Is Warhol Bad for Documentarians?
Podcast: The Briefing - Is Warhol Bad for Documentarians?
Podcast: The Briefing by the IP Law Blog - What Now for Fair Use After Warhol v. Goldsmith
The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
Podcast - The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
Podcast - The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk
The Briefing from the IP Law Blog: Embed at Your Own (Copyright) Risk
Podcast: The Briefing by the IP Law Blog - Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?
The Briefing by the IP Law Blog: Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?
Podcast: The Briefing by the IP Law Blog - Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)
The Briefing by the IP Law Blog - Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)
Podcast: The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part Two)
The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part Two)
Podcast: The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part One)
The Briefing by the IP Law Blog - Andy Warhol's Prince Prints: Not Fair Use!? (Part One)
In two recent Northern District of California decisions, AI companies prevailed on a fair use defense after being accused of infringing copyrights in works used to train AI models. The decisions, on their face, seem to...more
Two Northern District of California courts handed down decisions last week in two key copyright lawsuits that challenged the use of copyrighted print and digital books in training the large language models (LLMs) that are at...more
With the release of ChatGPT in late 2022, generative AI entered the cultural zeitgeist. Not surprisingly, within a few months, the first generative AI lawsuits were filed in the U.S. (e.g., Andersen v. Stability AI, Getty v....more
On June 11, 2025, Disney and several affiliated production companies filed a federal lawsuit against Midjourney, Inc., a leading artificial intelligence (AI) image-generation platform. The suit alleges “calculated and...more
Weighing in just two days after Judge Alsup of the U.S. District Court for the Northern District of California issued his fair use summary judgment opinion in Bartz v. Anthropic, Judge Chhabria (also of the Northern District...more
This article is part of DWT's The Generative Slate series. It explores the use of generative AI in the production and distribution of content. After nearly two years since the first lawsuit involving generative AI (GenAI)...more
In the second landmark decision this week relating to whether use of copyrighted content for training generative AI qualifies as a fair use, Judge Chhabria, in the federal court for the Northern District of California,...more
In the past week, two significant rulings from the Northern District of California addressed the application of the fair use doctrine to the use of copyrighted books in training large language models (LLMs). Both Meta...more
On June 23, 2025, the United States District Court for the Northern District of California issued a significant order in Bartz, et al. v. Anthropic PBC, clarifying the application of the fair use doctrine to the use of...more
On May 1, 2025, a federal courtroom in San Francisco became ground zero for one of the most consequential copyright hearings in recent memory. The three hour hearing in Kadrey v. Meta Platforms marked the first major judicial...more
Just two months in, 2025 is already delivering significant developments in AI and technology law. In this episode, host Julian Dibbell is joined by Rich Assmus, a partner in our Intellectual Property practice, to discuss...more
On the third day of Christmas, Microsoft Corp. (“Microsoft”) and OpenAI, Inc. (together with its named affiliates, “OpenAI”) didn’t get any French hens: Instead, the software giant and leading artificial intelligence research...more
Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision...more
The Supreme Court of the United States has issued its long-awaited ruling in the dispute between photographer Lynn Goldsmith and the Andy Warhol Foundation for the Visual Arts (AWFVA) on May 18, 2023. The Court held the...more
The Supreme Court of the United States affirmed the US Court of Appeals for the Second Circuit’s decision, holding that the first factor in the fair use analysis favored photographer Lynn Goldsmith because the “purpose and...more
The Supreme Court issued no fewer than six opinions on Thursday, May 18, addressing questions including whether an internet platform might be held liable as an aider and abettor of terrorist activity, and whether Andy...more
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
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
Today, in an opinion that purports to be narrow but will have sweeping implications, the Supreme Court ruled that Andy Warhol’s well-known “Orange Prince” illustration is not a transformative fair use of Lynn Goldsmith’s...more
With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more
The US Supreme Court in March decided it will revisit a dispute over pop artist Andy Warhol’s images of Prince. In taking up the case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the Court aims to more...more
A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The Supreme Court’s...more
After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of the United States finally put an end to the copyright infringement case Oracle brought against Google. The case was about...more
In this week's podcast of The Briefing from the IP Law Blog, attorneys Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v...more
In this week's episode of the Briefing from the IP Law Blog, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol's series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith)....more