Fair Use Archives

Over the past quarter-century, transformative use has become shorthand for fair use itself. The Warhol case gives the Supreme Court an opportunity to provide balance and flexibility to the doctrine.

Copyright Trolls: Recent court decisions in copyright cases suggest that courts are losing patience with those who bring infringement claims as part of their business models.

CCourt Decisions

Are Courts Finally Getting Fed Up With Copyright Shakedowns?

byAaron Moss

Recent decisions suggest courts are losing patience with those who bring dubious copyright infringement claims as part of their business models.

Rachel Dolezal, the woman accused of misrepresenting her racial background has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright?

LLegal Filings

Is Rachel Dolezal Using Copyright to Erase History?

byAaron Moss

Rachel Dolezal, the woman accused of misrepresenting her racial background, has filed a new infringement lawsuit against CBS Interactive. Is she weaponizing copyright?

Some Muppets fans (and even the media) were confused into thinking the puppets in SNL's parody sketch were "real" Muppets

WWhat's the Deal?

Why SNL’s “Muppets” Parody Had Even the Media Fooled

byAaron Moss

"Saturday Night Live's" literal beat down of "The Muppet Show" so closely resembled the classic Jim Henson characters that some viewers thought the Muppets had really made an appearance on the show. Did SNL go too far?

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol's “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”

LLegal Filings

Andy Warhol Foundation Seeks Rehearing in Fair Use Case

byAaron Moss

The Andy Warhol Foundation (AWF) is asking the Second Circuit to reconsider its recent fair use ruling over Warhol's “Prince Series,” arguing that the decision “threatens to render unlawful many of the most historically significant artistic works of the last half-century.”

CCourt Decisions

It’s the End of Google v. Oracle (And I Think I Feel Fine)

byAaron Moss

The Supreme Court's long-awaited decision finds that Google's copying of Oracle's Java API was fair use. Should creators of more traditional content be concerned?

The Second Circuit held that Andy Warhol's "Prince Series" did not make fair use of photography Lynn Goldsmith's photo of Prince

CCourt Decisions

Warhol’s “Prince Series” Isn’t Fair Use, But What Is?

byAaron Moss

In a retreat from its Cariou decision, the Second Circuit finds that Andy Warhol's use of a Lynn Goldsmith photo of the pop icon Prince isn't transformative. But lots of questions remain.

Jack Lerner and his law students read every fair use case from the past two years so you don't have to. Here are some of the highlights.

QQ&A

Q&A: A Fair Use Deep Dive with Professor Jack Lerner

byAaron Moss

Copyright professor Jack Lerner and his law students read every fair use case from the past two years so you don't have to. Here are some of the highlights.

With Dr. Seuss Enterprises deciding to no longer publish six books containing racially insensitive content, would it be fair use for others to do so?

WWhat's the Deal?

Is it Fair Use to Reproduce Out-of-Print Seuss?

byAaron Moss

With Dr. Seuss Enterprises deciding to no longer publish six books containing racially insensitive content, would it be fair use for others to do so?

In a new case, photographer Jeff Sedlik claims that celebrity tattoo artist Kat Von D infringed his copyright in an iconic photo of Miles Davis by tattooing the same image onto a client's body.

LLegal Filings

Kat Von D Sued for Copyright Infringement over Miles Davis Tattoo

byAaron Moss

In a new case, a photographer claims that celebrity tattoo artist Kat Von D infringed his copyright in a iconic photo of Miles Davis by tattooing the same image onto a client's body.

Fair Use

With Warhol, It’s Time to Transform Transformative Use

Are Courts Finally Getting Fed Up With Copyright Shakedowns?

Is Rachel Dolezal Using Copyright to Erase History?

Why SNL’s “Muppets” Parody Had Even the Media Fooled

Andy Warhol Foundation Seeks Rehearing in Fair Use Case

It’s the End of Google v. Oracle (And I Think I Feel Fine)

Warhol’s “Prince Series” Isn’t Fair Use, But What Is?

Q&A: A Fair Use Deep Dive with Professor Jack Lerner

Is it Fair Use to Reproduce Out-of-Print Seuss?

Kat Von D Sued for Copyright Infringement over Miles Davis Tattoo

Could Banksy Sue Christopher Walken Over Destroyed Artwork?

The 5 Worst Copyright Decisions of 2021

Copyright Termination and “Harmless Error”

Is HitPiece the Fyre Festival of NFT Startups?

Court Tosses “Stuttering John” Lawsuit Based on Copyright Preemption

Aaron Moss