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Intellectual Property Protection Appeals Photographs

Loeb & Loeb LLP

Woodland v. Hill

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Ninth Circuit affirms dismissal of copyright infringement claim against musician Lil Nas X, finding that mere availability of plaintiff influencer’s photographs on Instagram does not amount to access to those photographs and...more

Dorsey & Whitney LLP

Will “Success Kid” Owner Continue to Succeed on Appeal in Copyright Dispute?

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Years ago, Laney Griner took a picture of her then toddler son, Sam, at the beach clenching his fist in what appeared like a celebratory gesture. The photo went viral, and later became a widely used meme on the internet known...more

Venable LLP

Fourth Circuit Hands Photographer a Clean Sweep Victory in Copyright Fair Use Appeal Over News Website's Use of Free of Charge...

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On February 6, 2024, in Philpot v. Independent Journal Review, the U.S. Court of Appeals for the Fourth Circuit issued a copyright fair use decision in a photograph infringement case that is noteworthy for a number of...more

McDermott Will & Emery

No Fair Use for Photo Used Without Required Attribution

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The US Court of Appeals for the Fourth Circuit concluded that the copyright on a photograph of an entertainment icon was the subject of a valid copyright registration and that use of the photograph in an article missing the...more

Vondran Legal

Copyright Fair Use Examples

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Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression). Photograph - Images - Illustrations - Paintings...more

Perkins Coie

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

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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...

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

McDermott Will & Emery

A Work of Art? Ninth Circuit Analyzes Foreign Judgments and Fair Use

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The US Court of Appeals for the Ninth Circuit analyzed the fair use doctrine of US copyright law in a dispute for recognition of a 2001 French judgment relating to a finding of copyright infringement of certain photographic...more

Spirit Legal

Musikrecht: Urheber muss bearbeitetem Foto auf Albumcover zustimmen

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Die Verwendung fremder Fotografien kann urheberrechtlich problematisch sein. Das gilt auch, wenn fremde Bilder bearbeitet werden. Doch wann genau benötigt man die Erlaubnis des Urhebers für eine Bearbeitung und wann nicht?...more

Bilzin Sumberg

The Sincerest Form of Flattery (Not)

Bilzin Sumberg on

In a somewhat shocking decision handed down in March 2021, the Second Circuit ruled against the Andy Warhol Foundation for Visual Arts in a copyright infringement suit brought by a photographer whose photos of Prince Andy...more

Saiber LLC

Third Circuit Holds Facebook Not Immune Under Section 230 of Communications Decency Act from State Law Claims Alleging Violation...

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In a precedential opinion, Hepp v. Facebook, et al., ____ F.4th ______, No. 20-2725 (3d Cir. Sept. 23, 2021) (publication pending), the Third Circuit became the first Circuit Court of Appeals to apply the intellectual...more

McDermott Will & Emery

When Pictures Aren’t Pictures: Real Estate Agent-Generated Floor Plans Are Outside Copyright Infringement Exception for Pictorial...

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Examining whether the Architectural Works Copyright Protection Act enacted in 1990 protects the creation of floor plans, the US Court of Appeals for the Eighth Circuit held that such technical drawings generated for...more

Bracewell LLP

Artists Beware - Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph

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In a recent decision, Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright...more

Hogan Lovells

U.S. – District Court reversed: No fair use defense for Adams Morgan neighborhood photo

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The many historic landmarks and neighborhoods in Washington DC are one of the draws for locating events there. In a cautionary tale for event organizers, however, the Court of Appeals of the Fourth District recently ruled...more

Dorsey & Whitney LLP

The Copyright Circus Has Finally Left Town

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Last Friday, the 9th Circuit Court of Appeals finally put to bed a copyright dispute that many viewed as nothing short of bananas. Naruto v. Slater—dubbed the “Monkey Selfie” case—raised the novel (if not bizarre) question of...more

Lowndes

Establishing Copyright is Not Monkey Business

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Next time you think of commissioning your dog to create some artwork, you’d better think twice. According to the Ninth Circuit Court of Appeals, animals do not have standing as copyright owners to sue for infringement under...more

Ballard Spahr LLP

Second Circuit Tells Aggregator Claiming Standing to Sit Down

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Clarifying the issue of who has standing to pursue copyright infringement claims, the U.S. Court of Appeals for the Second Circuit on Friday rejected an attempt by a stock photography agency to aggregate claims belonging to...more

Hogan Lovells

German Federal Court Rules On Google’s Image Search – Thumbnails III

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On 21 September 2017, the Federal Court of Justice (Bundesgerichtshof – BGH) handed down a judgment of utmost importance for the exploitation of copyright on the Internet. It will become known and referred to under the name...more

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