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Features

Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case Image

Supreme Court Set to Hear Transformativeness Fair Use 'Warhol' Case

Eric Alan Stone & Catherine Nyarady

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

ELF Staff

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Bit Parts

Stan Soocher

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 Image

Ninth Circuit Says Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages

Stan Soocher

How far back from accrual of a claim may a plaintiff reach for copyright damages?

Features

'Banana' Artwork Dispute Presents Slippery Slope for Copyright Image

'Banana' Artwork Dispute Presents Slippery Slope for Copyright

Robert W. Clarida & Thomas Kjellberg

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? Image

One Banana, Two Banana: Can a Banana Taped to a Wall Be Copyright Protected Art?

Robert W. Clarida & Thomas Kjellberg

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 Image

Copyright Plaintiffs Can Reach Back More Than Three Years In Seeking Infringement Damages, Ninth Circuit Rules

Stan Soocher

How far back from accrual of a claim may a plaintiff reach for copyright damages?

Columns & Departments

IP News

Howard Shire & Stephanie Remy

Copyright Standing and Fifth Circuit Trade Dress Factors

Features

'To Kill a Mockingbird''s State Adaptation Rights Results In Ambiguity Battle Image

'To Kill a Mockingbird''s State Adaptation Rights Results In Ambiguity Battle

Stan Soocher

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 Image

State Law Requiring Offer to License Conflicts With Copyright Act

Allison Dunn

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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