IP & Media Law Updates

10/27/2025 3:32:27 PM

Santos v. Kimmel: "deceptive conduct" does not preclude fair use.

By Amanda Barkin

Well, President Trump commuted former Congressman George Santos's sentence just 84 days into his 87-month prison term. Now that Santos...

2/11/2025 11:55:47 PM

BREAKING: COURT RULES THAT DEVELOPER'S USE OF COPYRIGHTED MATERIAL TO TRAIN AI IS NOT FAIR USE

By Jeremy Goldman

This morning, the court in Thomson Reuters v. Ross Intelligence produced one of the first major rulings to address the application of...

11/14/2024 5:06:25 PM

Does deceptive conduct preclude fair use? George Santos says it should.

By Amanda Barkin

Last week Former member of the U.S. House of Representatives George Santos told the Second Circuit that his copyright lawsuit about the...

3/28/2024 8:23:46 PM

Citing Warhol, 10th Circuit Reverses Tiger King Fair Use Ruling

By Caren Decter

Back in 2022, the U.S. Supreme Court issued an important fair use ruling in Warhol v. Goldsmith—holding that Warhol's use of Goldsmith's...

10/30/2023 10:20:57 PM

Court offers first glimpse into whether AI machine learning is copyright infringement or fair use

By Jeremy Goldman

As we previously blogged, multiple generative AI platforms are facing lawsuits alleging that the unauthorized use of copyright-protected...

5/19/2023 2:09:18 PM

U.S. Supreme Court Rules Against Warhol--Is The Decision a Serious Blow to Fair Use?

By Caren Decter

Today, the Supreme Court issued its decision in Andy Warhol Foundation v. Goldsmith--ruling against Warhol and imposing some serious...

3/28/2022 4:52:17 PM

Update: Supreme Court Will Hear Fair Use Dispute Over Warhol's "Prince Series"

By Caren Decter

This is an update to my prior post on the long-running copyright battle over Andy Warhol’s “Prince Series.” Today, the Supreme Court...

3/18/2022 3:10:26 PM

Russian State-Sponsored TV Network's Attempt to Dismiss Copyright Lawsuit On Fair Use Grounds Denied

By Benjamin G. Murray

TV-Novosti, a non-profit operating the Russian state-controlled RT(formerly Russia Today) television networks and 38 associated RT...

3/17/2022 10:35:08 PM

High School Softball Team's Tweet of Inspirational Passage Qualifies For Fair Use, Says CA5

By Brian Murphy

We have met sports psychologist Dr. Keith Bell before. (See this post.) In 1982, Dr. Bell published Winning Isn’t Normal, a 72-page...

7/27/2021 9:07:04 PM

Freelancer or Freeloader? Ninth Circuit Finds Use of “Freelancer” is Fair Use Under Trademark Law

By Benjamin G. Murray

With the rise of the “gig economy,” millions of Americans have turned to online platforms and mobile applications to navigate the...

12/20/2020 9:40:21 PM

Dr. Seuss/Star Trek Mash-Up Not Fair Use, Ninth Circuit Rules

By Jeremy Goldman

Oh, the Places You’ll Boldly Go! Or not. On December 18, 2020, the U.S. Court of Appeals for the Ninth Circuit held that an unpublished...

6/7/2020 12:00:02 AM

Two SDNY Courts Post Opposite Conclusions on Instagram Fair Use

By Matthew Samet

On the heels of a stream of copyright lawsuits based on republication of copyrighted images from “embedded” Instagram posts, the U.S....

3/27/2020 1:21:26 PM

Court schools overzealous copyright licensor, holding that high school choir arrangement was fair use and awarding choir defendants their attorney’s fees

By Jeremy Goldman

On March 24, 2020, the Ninth Circuit issued an opinion shredding an infringement claim that a copyright holder brought against a high...

7/24/2019 11:05:12 PM

$750 Statutory Damage Award to Liebowitz Client in Otto v. Hearst is Explained by Court

By Edward H. Rosenthal

In a post last week, I described a recent SDNY case in which the Court found that an amateur photographer had suffered only $100 in...

7/21/2019 12:00:00 AM

Liebowitz Wins Statutory Damage Award -- But It’s Only $750

By Edward H. Rosenthal

Following a one-day bench trial, SDNY Judge Geoffrey Woods awarded the plaintiff in a copyright infringement case $750 in statutory...

7/3/2019 12:00:00 AM

Andy Warhol's "Prince Series" Ruled Fair Use

By Craig Whitney

So-called "appropriation art" is a common subject of copyright infringement disputes. Is the use of another's artistic work to create a...

Frankfurt Kurnit Klein & Selz

IP & Media Law Updates