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Copyright Litigation › Appeals › Artists

McDermott Will & Schulte

Plausibly Alleging Access Requires More Than Social Media Visibility

McDermott Will & Schulte on

The US Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of a copyright action, finding that the plaintiff failed to plausibly allege either that the defendant had “access” to the work in question...more

Loeb & Loeb LLP

Sound and Color, LLC v. Samuel Smith

Loeb & Loeb LLP on

Ninth Circuit reverses summary judgment in favor of pop singer Sam Smith in music copyright dispute, holding in unpublished opinion that hook in plaintiff’s song may be protectable as unique selection and arrangement of...more

Perkins Coie

Sign ‘O’ the Times: The Supreme Court Rules on Warhol v. Goldsmith

Perkins Coie on

The U.S. Supreme Court has affirmed the U.S. Court of Appeals for the Second Circuit’s decision that the licensing of an image Andy Warhol created of musician Prince (titled “Orange Prince”) based on a photograph by Lynn...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s...

Sheppard Mullin Richter & Hampton LLP on

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

Proskauer - Minding Your Business

Supreme Court to Re-Examine Fair Use: Warhol Foundation v. Goldsmith

Proskauer - Minding Your Business on

On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use. The case involves a series of Warhol drawings and silkscreen prints adapted...more

Fenwick & West LLP

All the World’s a Stage, and Some Players Are De Minimis Under Copyright Law

Fenwick & West LLP on

The out-of-doors world abounds with copyrighted works, and visual authorship is everywhere on display: giant visuals on buses, designs on T-shirts, public sculpture, caps with artsy graphics, advertising posters — and...more

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