Features
Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case
In the October 2022 Term, the Supreme Court is set to decide whether courts assessing transformativeness under the first fair-use factor of the Copyright Act may consider "the meaning of the accused work where it 'recognizably deriv[es] from' its source material." The case may profoundly affect the fair use analysis, and in turn, the scope of copyright protection for many works.
Columns & Departments
Fresh Filings
A look at moves among attorneys, law firms, companies and other players in entertainment law.
Columns & Departments
Bit Parts
Brian Wilson's Ex-Wife Wins Remand Back to State Court of Her Claim to Share of Revenues from Sale of His Song Catalog
Features
Ninth Circuit Says Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages
How far back from accrual of a claim may a plaintiff reach for copyright damages?
Features
'Banana' Artwork Dispute Presents Slippery Slope for Copyright
In July, the U.S. District Court for the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, a decision that began by posing the question: "Can a banana taped to a wall be art?"
Features
One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?
On July 7, 2022, the Southern District of Florida denied a motion to dismiss in Morford v. Cattelan, which began by posing the following question: "Can a banana taped to a wall be art?"
Features
Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules
How far back from accrual of a claim may a plaintiff reach for copyright damages?
Columns & Departments
IP News
Copyright Standing and Fifth Circuit Trade Dress Factors
Features
'To Kill a Mockingbird''s State Adaptation Rights Results In Ambiguity Battle
A current dispute over contract language in grants to different parties for theatrical adaptations of the classic 1960 novel "To Kill a Mockingbird" is an apt example of what can happen if contract language isn't specific enough.
Features
State Law Requiring Offer to License Conflicts With Copyright Act
A federal judge has sided with the Association of American Publishers (AAP), finding in June that a recently enacted Maryland library e-book law conflicts with federal copyright laws.
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