2023 Fair Use Litigation 
IIPRD
JANUARY 22, 2025
One such legal issues is what is referred to as “fair use,” which becomes particularly problematic in the context of the copyright law. Thus, fundamental questions arise, such as whether such copying amounts to infringement under copyright law or whether it falls under the purview of fair use. Google, Inc.
Copyright Lately
FEBRUARY 17, 2025
Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. Those were some of the phrases legal commentators used to describe Andy Warhol Foundation for the Visual Arts v. Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision.
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Kluwer Copyright Blog
FEBRUARY 28, 2024
Such uses, they argue, constitute copyright infringement. Fair Use Precedent? Google Books and Transformative Use The past two decades have seen a wealth of technological developments, but generative AI is qualitatively different from everything that has come before. But he eventually reversed his own position.
Copyright Lately
MAY 22, 2023
Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market. Andy Warhol Foundation v.
Technology & Marketing Law Blog
NOVEMBER 16, 2024
The defendant published a bio on Sewell and included one of McDermott’s photos–apparently sourced from an unrelated Instagram account (possibly another infringer, or perhaps that account has a fair use defense?). However we get there, the overall litigation enterprise here makes no economic sense.
Technology & Marketing Law Blog
JUNE 20, 2023
Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based. 21-869 (May 18, 2023). Andy Warhol Foundation for the Visual Arts, Inc.
Copyright Lately
OCTOBER 20, 2024
The judge did side with the airline on its copyright infringement claim, ruling that Skiplagged had used American’s flight symbol logo without permission as recently as August 2023. The jury sided with Skiplagged, finding that the defendant proved that its use of American’s trademarks was a nominative fair use.
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