Court to Revisit Fair Use in Tattoo Infringement Case
Photographer Jeff Sedlik and tattoo artist Kat Von D each claim the Supreme Court’s Warhol decision entitles them to summary judgment their long-running copyright dispute.
Ninth Circuit Affirms Server Test in Instagram Embedding Case
The server test is alive and well—at least in the Ninth Circuit—and shields the embedding of social media posts from copyright infringement liability.
Let’s Go Hazy: Making Sense of Fair Use After Warhol
Five things to know about the Supreme Court's new purpose-driven fair use opinion in Andy Warhol Foundation v. Goldsmith
Court Grounds Copyright Frequent Flyer Over Statute of Limitations
Serial copyright plaintiffs beware: the discovery rule may not excuse late-filed infringement claims brought by "seasoned litigators."
Using AI Artwork to Avoid Copyright Infringement
AI-generated art isn’t perfect, but it’s become a viable option for license-free set decoration in motion pictures and other commercial productions. Here’s what you need to know.
Tattoo Artist’s Trial Win is a Loss for Bodily Autonomy, Free Speech
An Illinois federal jury awarded Catherine Alexander only $3,750 in damages for Take-Two Interactive and WWE's use of tattoos she made for Randy Orton in their video games, but the implications of the ruling go much further.
Deadly Dolls and a Forgotten Copyright Exception
Exploring Section 113(c) of the Copyright Act, an underutilized defense that could have changed the outcome of a recent infringement case.
Kat Von D Tattoo Lawsuit Appears Headed to a Jury
In a 30-page order, the district court largely denies both parties' motions for summary judgment, finding triable issues on substantial similarity and fair use.
With Warhol, It’s Time to Transform Transformative Use
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.
In Defense of Copyright’s De Minimis Defense
The Ninth Circuit took a overly minimalist view of copyright's de minimis defense, finding that a photo stored on an inaccessible web server doesn't qualify.