Fair Use Defense After Warhol v. Goldsmith SCOTUS Decision

Carolyn Wimbly Martin and Sara Etemad-Moghadam

On May 18, 2023, the Supreme Court, in a 7-2 opinion, affirmed the decision of the United States Court of Appeals for the Second Circuit in favor of photographer Lynn Goldsmith (“Goldsmith”) holding that the “purpose and character” of the particular commercial use by the Andy Warhol Foundation (“AWF”) of Goldsmith’s photograph did not meet […]

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Internet Archive’s Open Library and Copyright Law: Third Addendum

Carolyn Wimbly Martin and Dana Sussman

This post is an update. Read the original post here, the first addendum here and the second addendum here. Throughout 2020, Lutzker & Lutzker published multiple insights relating to the copyright dispute between Internet Archive and four major publishing companies — Hachette Book Group Inc., HarperCollins Publishers LLC, John Wiley & Sons Inc. and Penguin […]

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Copyright and the Sale of Teaching Materials Online

Update: On March 2, 2023 TPT was acquired by IXL Learning, a developer of personalized learning programs used by millions of students around the world. Niche platforms like TPT (formerly known as Teachers Pay Teachers), an online marketplace for PreK-12 teachers to share and sell educational materials, have become important resources for the educational community […]

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Andy Warhol and Photographers Take Their Case to the Supreme Court: Third Addendum

This post is an update. Read the original post here, the first addendum here, and the second addendum here. At the beginning of his oral argument before the Supreme Court, Roman Martinez, counsel for the Warhol Foundation, stated: … the stakes for artistic expression in this case are high. A ruling for Goldsmith would strip protection not just […]

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Copyright Infringement of Photographs and Reclaiming Publicity Rights Through NFTs

Carolyn Wimbly Martin and Margaret Horstman

Richard Prince is a controversial artist known for appropriating third party images. Prince initially drew criticism in the 1980s when he took a photograph of a Marlboro advertisement and simply removed the word “Marlboro” from the picture. One of Prince’s appropriated Marlboro pieces earned him more than a million dollars in 2005 and another earned […]

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