Topic
Fair Use
510 published works
SWIPLit Blog
Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright Act
By Dan Staren
By Amanda Z. Weaver, Ph.D. and David G. Barker The U.S. Supreme Court recently granted a petition for writ of certiorari (docket, here) to review the extent to which a…
Health Law Prof Blog
Copying Copyright: Adopting a Fair Use Defense in Patent Law in Times of Public Health Crisis
Kellie Van Beck (Brooklyn Law School), Copying Copyright: Adopting a Fair Use Defense in Patent Law in Times of Public Health Crisis, 86 Brooklyn L. Rev. 3 (2021):Epidemics have devastated…
Above the Fold
Art or Infringement: The Copyright Battle Over Images of Prince
By Samia Young
On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a…
HHR Art Law
Prince, <em>Prince</em>, Prints: Will the Supreme Court Revisit Fair Use?
In a controversial decision in March 2021, the United States Court of Appeals for the Second Circuit held that a 1984 series of silkscreen paintings by the pop artist Andy…
Incontestable Blog
SDNY: Use of Photojournalists’ 9/11 Footage May Be Fair Use
By Publisher
A firefighter digging through rubble. An ambulance being lifted out of the wreckage. Photographs of these and other somber scenes from downtown Manhattan on September 11, 2001 formed the basis…
The Trademark Blog
Text of Second Circuit Decision in Andy Warhol Foundation v Goldsmith (Fair Use of Prince Photo)
AWF's motion for summary judgment reverse, case remanded. 2d cir prince goldsmith fair use
Incontestable Blog
Second Circuit: Warhol’s “Prince Series” Derivative, Not Transformative
By Publisher
The fair use doctrine can be difficult to apply in copyright infringement cases where the copying at issue allegedly furthers an artistic purpose. This challenge was on display in the…
ILN IP Insider
Supreme Court Finds Google’s Copying of Oracle’s APIs a Fair Use
By Gary A. Kibel of Davis+Gilbert LLP, Marc J. Rachman of Davis+Gilbert LLP, Daniel Finnegan of Davis+Gilbert LLP
A recent Supreme Court decision has finally put an end to the longstanding fight between Oracle and Google concerning Google’s use of Oracle’s copyrighted Java Application Programming Interfaces (APIs). The…
The IP Law Blog
The Briefing by the IP Law Blog: Dr Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)
By Scott Hervey
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Ninth Circuit Ruling on the copyright aspects of Dr. Seuss “mashups.” In the second episode of this two-part series,…
IP Intelligence
Website Advertisements and Copyright Fair Use
By Cory Barnes
For attorneys frequently engaged in copyright infringement litigation, drilling down into the specifics of the four fair use defense factors set forth in 17 U.S.C. § 107 is common practice.…