Topic
Fair Use
510 published works
The IP Law Blog
Is Warhol Bad for Documentarians?
By Scott Hervey
The Supreme Court decision in Andy Warhol Foundation v. Goldsmith changed the way fair use is analyzed. In determining fair use, four factors are examined. The first fair use factor…
IP Brief
Warhol and Prince: Good Artists Borrow, Great Artists…Litigate
By Paul Bain
Picasso said: “good artists borrow, great artists steal.” Or maybe he took the phrase from someone else. In any case, the US Supreme Court has again confounded the legal world…
Internet & Social Media Law Blog
SCOTUS Holds Rogers Test Is All Bark and No Bite in Jack Daniel’s Trademark Suit Against Dog Toy Maker
By Sam Eichner, Cecilia P. De Armas, Nalani M. Wilson, Carolyn S. Toto
On June 8, 2023, a unanimous U.S. Supreme Court resolved the petition in Jack Daniel’s Properties, Inc. v. VIP Products LLC with two narrow holdings: (1) the threshold trademark infringement…
The IP Law Blog
The Briefing by the IP Law Blog: What Now for Fair Use After Warhol v. Goldsmith
https://youtu.be/Dcv24aJGaSA 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…
Minding Your Business
Supreme Court Affirms Andy Warhol’s Prince Series Not Transformative Fair Use
By Sandra Crawshaw-Sparks, David Munkittrick, Anisha Shenai-Khatkhate, Nicole Sockett, Nicole O. Swanson
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…
Art Law Perspectives
Supreme Court Limits Transformative Use Standard in Warhol Foundation v. Goldsmith
By Jana Farmer, Leia Leitner, Meenka Maharaj
The recent U.S. Supreme Court decision in the latest art appropriation dispute likely has artists everywhere concerned that their works may be subject to future litigation. The highest court in…
IP Intelligence
What <em>Goldsmith</em> Means to AI Trainers
By Rita Hechmer, Chad Rutkowski
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…
Retail Trend Spotter
Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo
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),[1] in…
Marks, Works, and Secrets
<em>Does Transformative Matter? No, At Least Where Use Is Commercial</em>
By Ira S. Sacks, Victoria Doyle
Art. Money. Copyright. Fair use. Andy Warhol. And Prince, the Purple One. (Or in this case, Orange.) These were the hot topics in the recently decided Supreme Court case of…
Covering Your Ads® Blog
Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo
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),[1] in…