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Fair Use Appellate Courts

McDermott Will & Emery

No Fair Use Defense Results in Default Judgment

The US Court of Appeals for the Second Circuit reversed a district court’s dismissal of a copyright infringement claim alleging copying of a photograph, finding that the defendant’s use of the photograph did not constitute...more

Husch Blackwell LLP

D.C. Circuit Court of Appeals Holds Non-Commercial Use of Industry Standards Incorporated into Law Is Fair Use

Husch Blackwell LLP on

On September 12, 2023, the Court of Appeals for the District of Columbia issued its opinion in American Society for Testing and Materials (ASTM) v. Public.Resource.Org, Inc., holding that non-commercial use of standards...more

Fox Rothschild LLP

A Royal Circuit Split: Supreme Court Will Decide on “Prince Series” Copyright Controversy

Fox Rothschild LLP on

The United States Supreme Court granted certiorari to review the Second Circuit’s inconsistent application of the fair use doctrine when it comes to copyrighted art. The case at issue assesses whether the infamous “Prince...more

Tarter Krinsky & Drogin LLP

Fair Use: Prince Of The Universe Dethroned In Favor Of The Goldsmith

Decades ago, Andy Warhol created 15 silkscreen prints and pencil illustrations based on Lynn Goldsmith’s 1981 photograph of the artist Prince. Goldsmith’s agent had licensed Vanity Fair to use the image to publish an...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Jersey Boys and Restroom Doors

This week, we highlight Ninth Circuit decisions denying copyright protection to assertions of fact (even if those facts were made up), and deepening a slight Circuit split on the Americans with Disabilites Act's...more

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