Articles Tagged with fair use

The United States government filed an amicus brief on Monday, August 15, 2022, supporting photographer Lynn Goldsmith in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, a United States Supreme Court case concerning the fair use defense in copyright cases. 

On Monday, March 28, 2022, the United States Supreme Court granted a writ of certiorari in The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith and Lynn Goldsmith, Ltd. The case seeks to clarify a split between the Ninth Circuit Court of Appeals and the Second Circuit Court of Appeals concerning the fair use defense in copyright cases.

The Second Circuit Court of Appeals issued a ruling on Friday, March 26, 2021, holding that Andy Warhol's series of prints depicting the musical artist Prince are not transformative fair use under copyright law. The three-judge panel further ruled that Warhol's prints and Lynn Goldsmith's photograph, the source material for Warhol's prints, are substantially similar as a matter of law.

The U.S. Congress plans to update the Digital Millennium Copyright Act later this year. A lengthy report produced by the U.S. Copyright Office suggests that this update may enhance protections for rights holders.

MLB persuaded Twitter to suspend the account of Rob Friedman, which shows brief videos and GIFs of individual pitches from MLB games, but the fair use doctrine may protect Friedman's tweets.

In a somewhat surprising holding, a US district court judge in New York recently held that a news organization's embedding of someone else's tweet with copyrighted material violates the tweeter's right to exclusive display of the tweet.