December 14, 2023
The U.S. Supreme Court concluded that Andy Warhol's "Orange Prince" infringed a photographer's copyright, and the Ninth Circuit revived a choreographer's claims that Epic Games' popular video game Fortnite ripped off his moves. Here are Law360's picks for the top copyright rulings of 2023.
July 24, 2023
In the first half of this year, the U.S. Supreme Court held in a widely anticipated decision that Andy Warhol's portrait of musician Prince wasn't fair use, while the U.S. Copyright Office partially canceled a copyright registration on a comic book after finding its illustrations came from an artificial intelligence platform. Here's a look at the most significant copyright decisions of 2023 so far.
May 18, 2023
U.S. Supreme Court Justice Elena Kagan let her artistic mind be known Thursday in a fiery dissent slamming Justice Sonia Sotomayor's majority opinion for "ignoring" the transformative nature of Andy Warhol's licensed artwork drawing on a photographer's portrait of music icon Prince.
May 18, 2023
The U.S. Supreme Court may have issued a narrow ruling to reject a fair use defense by the Andy Warhol Foundation over the artist's portrait of music icon Prince, but the decision may nonetheless make it trickier for artists who want to claim fair use, especially based on their artistic changes in earlier works, experts say.
May 18, 2023
Andy Warhol's portraits of music icon Prince do not fall under copyright's fair use doctrine, the U.S. Supreme Court ruled Thursday, affirming a Second Circuit decision and finding that Warhol's work shared the same commercial purpose as the original photo taken of Prince.
January 02, 2023
The major intellectual property fights that the U.S. Supreme Court plans to weigh in on include two cases at the intersection of art and free speech — a copyright battle over Andy Warhol's prints of the music icon Prince and a dispute involving a dog toy that parodies a Jack Daniel's whiskey bottle. Here are the top copyright and trademark cases to look forward to in 2023.
October 12, 2022
A copyright battle over Andy Warhol's portraits of music icon Prince has revealed some of the U.S. Supreme Court's own pop culture tastes, as the justices on Wednesday grappled with arguments on how the courts should decide when an artwork qualifies as fair use.
October 07, 2022
A trio of attorneys who have experience both in BigLaw and the federal government will be arguing before the U.S. Supreme Court in a copyright dispute over whether Andy Warhol's artwork made fair use of a photo of music legend Prince.
October 06, 2022
As transformative use becomes increasingly central to fair use inquiries, the U.S. Supreme Court is preparing to review the standard in a copyright battle over Andy Warhol's portraits of music icon Prince. Ahead of oral arguments next week, Law360 provides a quick guide to get you up to speed on the first fair use case involving creative works before the justices in decades.
August 16, 2022
The Biden administration has told the U.S. Supreme Court it should affirm a Second Circuit decision that Andy Warhol's artwork did not make fair use of a photo of music legend Prince, telling the justices that siding with Warhol "would dramatically expand" the fair-use doctrine.