Transformative Use News Today

Lawyers weigh in on the potential fallout from photographer Lynn Goldsmith's copyright infringement lawsuit with the Andy Warhol Foundation.

Sullivan has filed an amicus curiae (friend of the court) brief in the upcoming Supreme Court case Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. The brief was filed as...

On March 28th, the Supreme Court granted certiorari in Warhol Foundation v. Goldsmith, a case involving the core issues around copyright fair use.

A landmark visual art exhibition is taking place in Singapore’s National Gallery museum right now — the first comprehensive institutional survey of Nam June...

Readers here will know that we've followed the trademark and copyright lawsuit filed by the estate of Dr. Seuss against ComicMix...

Readers here will know that we've followed the trademark and copyright lawsuit filed by the estate of Dr. Seuss against ComicMix...

In the span of two weeks, decisions from the Supreme Court and the Court of Appeals for the Second Circuit manifest the complex nature of the copyright doctrine of fair use and how its contextual application can lead to opposite results.

To embed, copy and paste the code into your website or blog: For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use but in defining derivative works. The distinction is critical: fair use is a complete defense to infringement, while creation of an unauthorized derivative work is itself infringement. Courts, practition...

To print this article, all you need is to be registered or login on Mondaq.com. For nearly two decades, the "transformative use test" has been a staple of fair use analysis, and particularly in the Second Circuit.  The Copyright Act, however, uses the word "transformative" not in the section on fair use but in defining derivative works.  The distinction is critical: fair use is a complete defense to infringement, while creation of an unauthorized derivative work is its...

Second Circuit Finds Andy Warhol’s Use of Prince Photograph Wasn’t All That Transformative After All Tuesday, April 6, 2021 For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit.  The Copyright Act, however, uses the word “transformative” not in the section on fair use but in defining derivative works.  The distinction is critical: fair use is a complete defense to infringement, while creation...