Introduction: The Future of Derivative Works and Copyright Law Under Warhol v. Goldsmith Transformative Use and Infringing Derivatives Derivative Works – On October 12, 2022, the United States Supreme Court heard oral arguments in Andy Warhol Foundation for the Visual Arts v. Goldsmith, a case that has the potential to drastically alter the landscape of...Read More

Fan Art & Fair Use – Many fans enjoy creating original artwork based on their favorite books, TV shows, movies, musicians, and musicals. This might include drawings, t-shirt designs, posters, jewelry, and other items featuring popular characters, figures, costumes, or scenery whose copyright is owned by someone else. While fans may think that their creations...Read More

Fair and Foul in Tech and Copyright What’s in this article… What is Fair Use in Copyright Law? Practical Analysis of Fair Use Conflicts With Fair Use and DMCA Can You Know You Are Covered By “Fair Use” In a world of bustling creativity and a thriving technology industry, it is essential for businesses and...Read More

When is it Ok to Use Another’s Artwork? Use Another’s Artwork? – Today we take a look at the case of Seltzer v. Green Day and examine the circumstances under which one may use the creative works of another person. The major issue in the case was fair use of copyrighted material – in this...Read More

Fair Use of Descriptive Marks Fair Use – Today we take a look at the fair use defense to allegations of trademark infringement.  Beware!  The fair use defense in trademarks is quite different from its more notorious cousin, the fair use defense in copyright actions.  In a previous post we looked at Zatarain’s v. Oak Grove Smokehouse to...Read More