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

Technology & Marketing Law Blog

As usual, readers who are already familiar with the case and/or with copyright law may skip the “Background” sections below (but don’t skip the commentary “The Road Not Taken”). Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C.

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Evolution of Tests of Creativity in Copyrights

IP and Legal Filings

Originality is the quality that distinguishes produced or invented works from copies, clones, forgeries, or derivative works by being new or novel. The word “originality” is frequently used in conjunction with the creativity of writers, thinkers, and artists. It was written with a distinct style and message.