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Pop Art Flop: Supreme Court Rules Against Warhol Foundation

The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince - On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of...more

Copyright Office Says Courts Have Construed DMCA Too Favorably for Online Providers

In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

Courts Have Construed DMCA Too Favorably for Online Providers, Copyright Office Says

In its "first full analysis" of whether section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is… achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

Supreme Court’s Strict Construction of Copyright Act Pre-Suit Requirements Likely to Up the Ante on “Preregistration”

The Supreme Court held on March 4 that a copyright owner may not file a lawsuit alleging infringement without first securing a registration from the Copyright Office. The opinion resolves a longstanding split in federal...more

Ninth Circuit Holds Website Can Lose DMCA Safe Harbor by Using Moderators

Earlier this month, the Ninth Circuit Court of Appeals held that an online provider may become ineligible for the safe harbor provided by Section 512(c) of the Digital Millennium Copyright Act if its moderators help select...more

California Court of Appeal Rules Models’ Right of Publicity Claims Assignable, Not Preempted by Copyright Act

The California Court of Appeal held earlier this month that certain right of publicity claims are freely assignable, and that the Copyright Act does not preempt a right of publicity claim where the defendant has no legal...more

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