Remove agencies u-s-court-of-appeals-for-the-third-circuit
article thumbnail

Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

District Court for the Southern District of New York denied Richard Prince’s request for summary judgment in two copyright infringement lawsuits brought against him, paving the way for a trial in Manhattan on the scope of fair use. [2] On May 11, the U.S. 2] A week later, the U.S. 2] A week later, the U.S. 3] Graham v.

article thumbnail

Government Jawboning Doesn’t Turn Internet Services into State Actors–Doe v. Google

Technology & Marketing Law Blog

The court previously denied a TRO. It’s not a close call. This argument is foreclosed by Prager U. The Court disagrees that broad lawmaker proclamations regarding “misinformation” or “QAnon-related speech,” for example, are sufficient to show that the government “commanded” the suspension of Plaintiffs’ accounts.

article thumbnail

U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

[Eric’s note: this is the post you’ve been waiting for: Prof. Ochoa’s definitive analysis of the Supreme Courts Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v.