This week marks the 10th Anniversary of Fair Use Week. Join us for a discussion around recent developments related to the fair use doctrines in both copyright and trademark law and the importance of fair use to the creative market.
In 1981, artist Andy Warhol created a series of silkscreen prints based on a copyrighted photograph taken by Lynn Goldsmith of the musician/entertainer Prince. The “Prince Series,” although aesthetically different from the original photograph by Goldsmith, remained recognizable from the original photograph. Goldsmith filed suit against the Andy Warhol Foundation for copyright infringement and the Foundation raised fair use as a defense arguing that the “Prince Series” had transformed the original work. The district court granted summary judgment for the Foundation holding that the series had “transformed” the work giving it a “new meaning and message.” On appeal, the U.S. Court of Appeals for the Second Circuit held that because the “Prince Series” remained “recognizably derived” from the original, it had not transformed the original photograph and did not constitute a fair use. Oral arguments were heard before the Supreme Court of the United States in October 2022 and a decision has yet to be issued.
Andy Warhol Foundation v. Goldsmith has reignited conversation about the importance of fair use to the creative market. In submitted amicus briefs parties such as the Association of American Publishers, the Recording Industry Association of...
COLLEGE STATION, Texas (KBTX) - An attorney representing a man arrested following a weekend altercation at a Northgate bar is disputing the allegations outlined in a police report, stating his cli...