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26 May 2023, 6:42 am
The Court took a narrow approach, explicitly declining to reach the question of whether Warhol’s original work would qualify for a fair use defense, holding only that the 2016 use did not. [read post]
26 May 2023, 6:00 am by Terry Hart
What the decision does is level-set fair use jurisprudence to where the Supreme Court always intended it to be after its landmark fair use case, Campbell v Acuff-Rose Music. [read post]
25 May 2023, 8:02 pm by Sabrina I. Pacifici
CRS Legal Sidebar, Generative Artificial Intelligence and Copyright Law, Updated May 11, 2023: “Recent innovations in artificial intelligence (AI) are raising new questions about how copyright law principles such as authorship, infringement, and fair use will apply to content created or used by AI. [read post]
25 May 2023, 12:45 pm by Eileen McDermott
In response to last week’s hearing of the House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet about the impact of artificial intelligence (AI) on copyright law, former Copyright Office General Counsel, Jon Baumgarten, submitted a letter this week to the Subcommittee expressing his concerns with the testimony of one of the witnesses, Sy Damle of Latham & Watkins, who also formerly served as U.S. [read post]
25 May 2023, 12:45 pm by Eileen McDermott
In response to last week’s hearing of the House of Representatives’ Subcommittee on Courts, Intellectual Property and the Internet about the impact of artificial intelligence (AI) on copyright law, former Copyright Office General Counsel, Jon Baumgarten, submitted a letter this week to the Subcommittee expressing his concerns with the testimony of one of the witnesses, Sy Damle of Latham & Watkins, who also formerly served as U.S. [read post]
25 May 2023, 10:00 am by Josh H. Escovedo
However, the majority stated that this precedent did not justify a broad application of fair use analysis. [read post]
24 May 2023, 12:50 pm by David Newhoff
Goldsmith, although a fair use case, is a prime example of how tricky it can be to separate the factual elements of a photograph from the expressive elements. [read post]
24 May 2023, 11:16 am by Ernesto Falcon
Rightsholders insist that they are owed compensation for things like the use of training data, even though the use of training data is likely protected under fair use. [read post]
23 May 2023, 9:42 am by Corynne McSherry
The good news for fair use: The Court, in a 7-2 majority, expressly reaffirmed landmark fair use cases like Campbell v. [read post]
23 May 2023, 7:22 am by SCOTUSblog
Here’s the Tuesday morning read: US Supreme Court’s Andy Warhol decision keeps ‘fair use’ questions alive (Blake Brittain, Reuters) Top Court’s Pork-Producer Ruling Could Affect Abortion-Pill Suit (Mary Anne Pazanowski, Bloomberg Law) What It’s Like After the Supreme Court Rules Your Child’s Death Doesn’t Count (Shirin Ali, Slate) DeSantis envisions shaping ‘7-2 conservative majority’ on Supreme Court (Hannah… [read post]
23 May 2023, 6:48 am by musicandcopyright
AWF argued that the use of the photograph for the silkscreen images was covered by the fair use provision in the US Copyright Law. [read post]
22 May 2023, 5:09 pm by Samia Young
SCOTUS held that Warhol’s images did not constitute fair use. [read post]
22 May 2023, 11:55 am by Rebecca Tushnet
  The basic undisputed allegation was that EIE, through a third-party vendor, used plaintiffs’ images without their permission in social media posts promoting its club. [read post]
22 May 2023, 10:34 am by Howard Bashman
US Supreme Court’s Andy Warhol decision keeps ‘fair use’ questions alive”: Blake Brittain of Reuters has this report. [read post]
22 May 2023, 4:37 am by Scott Bomboy
The Andy Warhol Foundation for the Visual Arts argued the fair-use doctrine permitted such derivative works. [read post]
22 May 2023, 1:38 am by Aaron Moss
Vanity Fair used it (pursuant to a license) to publish Warhol’s illustration in 1984. [read post]
20 May 2023, 6:33 am by Gerard Magliocca
FWIW, I think that the majority erred in its interpretation of the first fair use factor. [read post]
20 May 2023, 3:27 am by SHG
” This definition of fair use offers almost no meaningful guidance as to what is sufficiently “transformative” as to invoke the fair use exception to copyright. [read post]
19 May 2023, 12:01 pm by Ronald Mann
Acuff-Rose Music, holding that 2 Live Crew’s parody of Roy Orbison’s “Oh, Pretty Woman” was a fair use. [read post]