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Let’s Go Hazy: Making Sense of Fair Use After Warhol

Copyright Lately

Five things to know about the Supreme Court’s new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith (“ Warhol “) is that relatively rare fair use case in which both the original and follow-on works were more or less directly competing in the same market.

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Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses

Kluwer Copyright Blog

Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement.

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Derivative works: the Adventures of Koons and Tintin in French copyright law

Kluwer Copyright Blog

Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called “derivative works”). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight (e.g.

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Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

On May 18, 2023, the Supreme Court found that artistic changes to a pre-existing work, alone, not necessarily sufficient to make a derivative work fair use. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law. Copyright law in the U.S.

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Supreme Court Holds Specific Use of Warhol’s “Orange Prince” Not Fair Use

LexBlog IP

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. The first factor did not apply to Warhol’s image as published in Condé Nast in 2016, so that specific use was not fair use.

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Will the Court Find the Answers?

BYU Copyright Blog

Commercial Educational Materials May 13, 09:24 AM May 13, 09:23 AM A while ago, in January 2022, we published a post with updates on Chegg Inc.s Chegg presented several defenses, including fair use, copyright misuse, express license, and equitable estoppel. Will the Court Find the Answers?

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Some Thoughts on Five Pending AI Litigations – Avoiding Squirrels and Other AI Distractions

Velocity of Content

This article was originally published in The Scholarly Kitchen. I speculated that this was an attempt to avoid a messy fair use dispute. One core concept in AI-relevant cases that both find for, and against, fair use ( Google Books and Fox v. is being used as code. is being used as code.