The New Boundaries of the Fair Use Doctrine in Copyright
The USSC recently continued a string of interesting copyright decisions with its release of decision in Andy Warhol Foundation for Visual Arts v. Goldsmith. The late Andy Warhol was held to have infringed photographer Lynn Goldsmith’s copyright when he created a series of silkscreens based on a photograph of Prince. The Court considered arguments that the work was sufficiently transformative so as not to trigger copyright concerns. The case was closely watched as it demonstrated how the Court would balance an artist’s freedom to borrow from existing works, and spoke to the boundaries of the fair use doctrine that permits unlicensed use of copyrighted works in some circumstances. There are fascinating implications of this decision, including the potential stifling of creativity by prohibiting the building on the work of others, and the extent to which a commercial purpose and character of a prior work and secondary work may be determinative of copyright infringement.
This Webinar will cover the impact of this decision on licensing. The panel will also discuss best practices in light of this case combined with the other leading fair use decisions: Campbell v. Acuff-Rose Music Inc. and Google LLC v Oracle America Inc.
Takeaways:
- Know the facts.
- Figure out how the rules of evidence will affect your case.
- Identify your theme and decide how to use it.
MODERATOR:
Selena Kim, Gowling WLG Canada LLP, Toronto, Ontario Canada
PRESENTER:
Nicholas Hoffman, McGuireWoods LLP, Los Angeles, California USA
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For assistance with registration, please contact Meetings Coordinator Maddie Pangyarihan. For all other Webinar questions, please contact Professional Development Manager Jennifer Aron.