Fair Use

  • Transformative Use and Infringing Derivatives: The Future Under Warhol v. Goldsmith

    Transformative Use and Infringing Derivatives: The Future Under Warhol v. Goldsmith

    Anthony Cartee

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    Introduction: The Future of Derivative Works and Copyright Law Under Warhol v. Goldsmith Transformative Use and Infringing Derivatives Derivative Works – On October 12, 2022, the United States Supreme Court heard oral arguments in Andy Warhol Foundation for the Visual Arts v. Goldsmith, a case that has the potential to drastically alter the landscape of copyright law when it comes to derivative works, specifically the limits of what is considered a proper transformative work, and what would remain an infringing derivative. The Court must decide whether Andy Warhol had committed copyright infringement by creating prints in his famous pop art… Read More

  • Fandom and Fair Use – Fan Art

    Fandom and Fair Use – Fan Art

    Anthony Cartee

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    Fan Art & Fair Use – Many fans enjoy creating original artwork based on their favorite books, TV shows, movies, musicians, and musicals. This might include drawings, t-shirt designs, posters, jewelry, and other items featuring popular characters, figures, costumes, or scenery whose copyright is owned by someone else. While fans may think that their creations are wholly original and do not constitute copyright infringement, sometimes these works can cross the line and open the door to legal liability. What is Fan Art and How Does It Relate to Copyright Law? Many fans enjoy creating original artwork based on their favorite… Read More

  • Fair and Foul in Tech and Copyright

    Fair and Foul in Tech and Copyright

    Anthony Cartee

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    In a world of bustling creativity and a thriving technology industry, it is essential for businesses and startup companies to be wary of copyright issues. Generally, copyright protection is automatic and provides the author exclusive rights to reproduce and distribute the work. However, copyright owners are only entitled to bring a claim for infringement against others if they have registered their copyrighted work. Those who do can then go after infringers who face statutory penalties and damages ranging from $500.00 to $150,000 per work for willful infringement. This does not include other remedies including infringer’s profits, injunctions, actual damages, and… Read More

  • When is it Ok to Use Another’s Artwork?

    When is it Ok to Use Another’s Artwork?

    Anthony Cartee

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    When is it Ok to Use Another’s Artwork? Use Another’s Artwork? – Today we take a look at the case of Seltzer v. Green Day and examine the circumstances under which one may use the creative works of another person. The major issue in the case was fair use of copyrighted material – in this case: artwork. The topic ties in nicely with last week’s post, which dealt with Fair Use in the trademark realm. Background of the Artwork Copyright Case Plaintiff Seltzer is an artist, illustrator and photographer. Defendant Green Day is an iconic rock and roll band. In… Read More

  • Fair Use – Descriptive Marks

    Fair Use – Descriptive Marks

    Anthony Cartee

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    Fair Use of Descriptive Marks Fair Use – Today we take a look at the fair use defense to allegations of trademark infringement.  Beware!  The fair use defense in trademarks is quite different from its more notorious cousin, the fair use defense in copyright actions.  In a previous post we looked at Zatarain’s v. Oak Grove Smokehouse to learn the applicable standards for when secondary meaning allows for a merely descriptive trademark to be enforced.  Today we return to the case featuring delicious battered and fried chicken and fish to learn more about fair use and its role in the final disposition of… Read More