Tension Between Fair Use Doctrine and Right to Publicity
This post explores how social media platforms, such as Cameo, have created tension between celebrities and public figures’ rights to monetize their image and control their public personas with the audience’s right to critique and comment on them under the Copyright Act’s Fair Use doctrine.
Copyright Infringement vs. Fair Use in the Wake of Artificial Intelligence
Thomson Reuters prevailed in its lawsuit against Ross Intelligence over artificial intelligence and copyright infringement. This ruling marks the first case to apply the four-factor fair use test to find copyright infringement by an AI model.
Is History Repeating Itself? The Metaphorical Burning of Alexandria 2.0
In Hachette v. Internet Archive, the United States Court of Appeals for the Second Circuit affirmed a District Court's decision against Internet Archive (“IA”). IA scanned physical books to loan digitized copies to its users through their Open Library Project, claiming fair use of the materials. The Court ruled in favor of the publishers’ claim for copyright infringement.
<em> Andy Warhol Foundation v. Goldsmith </em>
Outside the U.S. Supreme Court, the public line elongated as more spectators joined and waited on the chilly morning of October 12th. Around 10 A.M., the Court heard the oral arguments in an art appropriation case, Andy Warhol Foundation v. Goldsmith. The Court granted certiorari and reviewed the holding of the U.S. Court of Appeals for the 2nd Circuit. The petitioner Andy Warhol Foundation challenged the lower court's decision in fair use defense. That evening, AUWCL hosted the "I.P. at the Supreme Court series: Andy Warhol Foundation for the Visual Arts v. Goldsmith." The panelists carefully surveyed the oral arguments and the 2nd Circuit's decision. This article provides readers with the background of the 2nd Circuit decision and some principal precedents that contoured the fair use doctrine.