(Podcast) The Briefing: What Is Fair Use and Why Does It Matter?
The Briefing: What Is Fair Use and Why Does It Matter?
(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
(Podcast) The Briefing: Anthropic, Copyright, and the Fair Use Divide
The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
(Podcast) The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
Why Can't I Clean the Graffiti Off My Walls? — No Infringement Intended Podcast
(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson's Iconic Ink — No Infringement Intended Podcast
(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test
The Briefing: No CTRL-ALT-DEL For the Server Test
JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows
The Briefing: Sequel, Spin-Off, or Something Else? The Legal Battle Over "ER" and "The Pitt"
(Podcast) The Briefing: Sequel, Spin-Off, or Something Else? The Legal Battle Over "ER" and "The Pitt"
(Podcast) The Briefing: ER Redux? The Anti-SLAPP Motion That Didn’t Stick
The Briefing: ER Redux? The Anti-SLAPP Motion That Didn’t Stick
Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. In this...more
Many companies are not strangers to receiving demand letters on behalf of copyright owners. Routine demand letters often allege that the company’s use of what it believed was a stock photo, public domain image, or music on...more
Addressing copyright fair use in the wake of the Supreme Court’s recent guidance in Warhol, the US Court of Appeals for the Tenth Circuit partially reversed the district court’s grant of summary judgment in favor of the...more
A photographer is suing a real estate media site for copyright infringement after publishing several of his photos without permission. Scott Hervey and Jamie Lincenberg discuss this case and explain how media companies can...more
Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression). Photograph - Images - Illustrations - Paintings...more
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
The U.S. Supreme Court ruled in Andy Warhol Foundation v. Goldsmith that Andy Warhol’s portrait of music legend Prince did not qualify as fair use under copyright law. Scott Hervey and Tara Sattler talk about this decision on...more
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
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
On May 18, in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the U.S. Supreme Court considered which “use” of a derivative work is relevant for applying the first statutory factor of the fair-use doctrine. The...more
On May 18th, the Supreme Court handed down its much‑anticipated opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. We’ve tracked the progress of this case through the trial court, Second Circuit, and...more
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
Recently, the U.S. Supreme Court ruled 7-2 against the Andy Warhol Foundation in a copyright dispute over a portrait of Prince that Warhol created using a photograph by another artist, Lynn Goldsmith. "The court's opinion...more
The Supreme Court’s recent and much-anticipated decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith redefines the contours of the fair use defense to copyright infringement. The Court ruled in favor of...more
The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two former General Counsels of the US Copyright Office squaring off over whether...more
The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith holds that the defense does not...more
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
Last week, the Supreme Court decided an important copyright case on the question of fair use in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 2023 WL 3511534....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
Last week, the Supreme Court issued a long-awaited copyright fair use decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al. In short, the Supreme Court looked at whether it was fair use under the...more
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
How Does the Landmark Decision – First in Last 30 Years on Fair Use – Affect Music, Entertainment, and Creative Industries? It has been nearly 30 years since the United States Supreme Court has ruled on fair use. On May...more
The US Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith, holding that the purpose and character of the Andy Warhol Foundation’s use of a copyrighted photograph of the...more