Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Rehearing Sought In 2d Circuit Finding of No Fair Use In Warhol Work
Maybe the U.S. Court of Appeals for the Second Circuit should have been a little more patient. Last September, the court heard argument in The Andy Warhol Foundation for the Visual Arts v. Goldsmith Inc., a fair-use case over Andy Warhol's use of a copyrighted 1981 photograph to create a series of silkscreen prints and pencil illustrations of music icon Prince. A few weeks later, the U.S. Supreme Court heard arguments in the copyrightability/fair-use case of Google v. Oracle.
The Second Circuit ruled first, on March 26, 2021. Circuit Judge Gerard Lynch wrote for the court that simply imposing Warhol's artistic style on Lynn Goldsmith's photograph of the musician Prince did not transform it into a fair use. "An overly liberal standard of transformativeness, such as that embraced by the district court in this case, risks crowding out statutory protections for derivative works," Judge Lynch wrote in The Andy Warhol Foundation for the Visual Arts v. Goldsmith Inc., 992 F.3d 99 (2d Cir. 2021).
Second Circuit Judge Richard Sullivan chipped in in a separate concurrence "to highlight what I see as an overreliance on 'transformative use' in our fair use jurisprudence, generally," and to urge a renewed focus on the fourth fair-use factor in 17 U.S.C. §107 of the Copyright Act — the effect of the use on the plaintiff's potential market for or value of the copyrighted work.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?