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Legend has it that Judge Learned Hand wrote this line in a per curiam opinion, Dellar v. Samuel Goldwyn, Inc. 1: “[T]he issue of fair use...is the most troublesome in the whole law of copyright….” As recent court decisions reflect, there is turmoil in copyright law, specifically regarding the fair use doctrine in the context of transformative works, but more clarity may be approaching. The Second Circuit’s recent panel holding in the Warhol v. Goldsmith matter, discussed below, suggests that re-expressing a copyrighted image belonging to another does not entitle the new work to a fa...

On April 5, 2021, after 10 years of litigation, the U.S. Supreme Court published its decision in the much-watched Google v. Oracle dispute. The Court held that use of certain “declaring...

In This Issue - Section 230 and the Future of Content Moderation - We analyze Section 230 of the Communications Decency Act—the 1996 law that provides a legal shield for...

To embed, copy and paste the code into your website or blog: Ending a struggle between two tech titans stretching over more than a decade, the Supreme Court held in a 6-2 opinion that Google’s copying of key portions of the Application Programming Interface (API) of Oracle’s Java SE software, constituting 11,500 lines of computer code, was fair use. In determining that Google’s copying of the API constituted fair use, the Court, on April 5, reversed a 2018 Federal Circuit decision that held otherwise. The background of the case and the Federal Circuit decision are reported by Tom Carey ...

To print this article, all you need is to be registered or login on Mondaq.com. The Supreme Court of the United States has handed Google an unequivocal triumph in what has been dubbed ‘the copyright case of the century'. A majority opinion of the Court held that Google's copying parts of Oracle's Application Programming Interfaces (APIs) for the Java programming language is permissible as “fair use” under the Copyright Act. The dispute between Oracle and Google dates back to 2005 when Google acquired Android and decided to use the Java programming language, then ...