The Art and Museum Law Group issued today a client advisory on the implications of Golan v. Holder. The U.S. Supreme Court upheld in Golan v. Holder the constitutionality of a U.S. statute (§ 514 of the Uruguay Round Agreements Act of the World Trade Organization (WTO) and the Agreement on Trade-Related Aspects of Intellectual… Continue Reading
Category Archives: Copyright
Subscribe to Copyright RSS FeedCariou Files Appeals Brief—Is this Case Less Transformative Than It Seemed?
Posted in Copyright, Intellectual Property, UncategorizedPatrick Cariou has filed his much-anticipated responsive brief in the Richard Prince/Gagosian Gallery copyright infringement appeal. Cariou’s brief makes its stand on the question of transformative use. The degree to which a derivative work is transformative of a protected work is, of course, a central element of a fair use analysis about which Prince will have to persuade… Continue Reading
Public Domain Rights and Copyright Clash Over The Wizard of Oz and Gone with the Wind
Posted in Copyright, Intellectual PropertyThe 8th Circuit recently weighed in on the topic of public domain images and copyrighted characters. As my colleagues Kimberly Herman, Michael Matzka and Laura Stacey explore in greater detail in an advisory about the decision, a number of merchandisers were using images from public domain posters and lobby cards from movies like The Wizard of Oz, Gone with… Continue Reading
Prince Copyright Appeal: Warhol Foundation Makes the Case to Reverse Infringement Finding
Posted in Copyright, Intellectual PropertyAfter several months of inactivity, the first brief is available in the Richard Prince appeal of the judgment against him and the Gagosian Gallery earlier this year for infringing on the works of Patrick Cariou. Prince’s arguments of “fair use” of Cariou’s photographs failed to persuade the District Court and the infringing works were ordered… Continue Reading
Richard Prince Copyright Appeal Survives Cariou Motion to Dismiss
Posted in Copyright, Intellectual PropertyThe Richard Prince copyright case is in the news again, though probably more than it deserves. Patrick Cariou, whose photographs Prince was found this spring to have infringed, moved to dismiss Prince’s appeal arguing that the injunction concerning the impoundment and destruction of the existing works (Prince was ordered to deliver them for destruction) was… Continue Reading
Resale Royalty Legislation Revived
Posted in Copyright, Intellectual Property, Legislation, TrademarkPicking up a torch last carried by the late Sen. Edward Kennedy, lobbying efforts are underway to enact into U.S. federal law a droit de suite right enjoyed in the U.K. and elsewhere, that is, a right for an artist to be compensated upon subsequent sales of his or her work. American law has long… Continue Reading
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