Dale Cendali, Abbey Quigley , Chicago-Kent Intellectual Property Journal; The Death of the Litmus Test
Issues and developments related to IP, AI, and OM, examined in the IP and tech ethics graduate courses I teach at the University of Pittsburgh School of Computing and Information. My Bloomsbury book "Ethics, Information, and Technology", coming in Summer 2025, includes major chapters on IP, AI, OM, and other emerging technologies (IoT, drones, robots, autonomous vehicles, VR/AR). Kip Currier, PhD, JD
Sunday, February 18, 2024
Monday, June 26, 2023
Fair use protection against copyright infringement claims just got smaller; Richmond Times-Dispatch, June 24, 2023
John Farmer , Richmond Times-Dispatch; Fair use protection against copyright infringement claims just got smaller
"Now, the borrowing artist must focus on whether the original work and the borrower’s rendition might be used for the same purpose. If the purposes are the same, such as artwork for a company’s blog post, and if the company is for-profit, there is a high risk that the borrowing isn’t fair use."
Friday, June 16, 2023
Commentary: Warhol decision’s implications for creators, artists; Minnesota Lawyer, June 16, 2023
Jack Amaral and Jon Farnsworth, Spencer Fane LLP, Minnesota Lawyer; Commentary: Warhol decision’s implications for creators, artists
"Impact on artists and copyright holders
This decision is a victory for copyright holders. Although copyright infringement and analysis of the Fair Use Doctrine is a case-by-case factual analysis where a judge determines whether fair use is a valid defense based on the four factors above, this decision sends a clear message that commercial uses of copyrighted works might be less likely to be considered fair use. This decision could have a significant impact on photographers, artists, and other creators such as software engineers.
Creators who build off copyrighted works should be aware of this decision and know the potential consequences of building off of other’s work. This decision will likely make it more difficult to show a work is “transformative” while leaving an artist open to liability...
Takeaways for creators and businesses:
- If you have current works that are protected under copyright law, keep your eyes peeled for potentially infringing works. Speak with an experienced intellectual property attorney to see if you may have a valid infringement claim.
- If you build off of other creator’s work to create your own, speak to an intellectual property attorney who will walk you through the four factors of the Fair Use Doctrine and help determine if your work could be considered infringement and open you up to potential liability."
Friday, June 9, 2023
Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder; JD Supra, June 6, 2023
Mark Avsec, Angela Gott, idia Mowad, JD Supra; Supreme Court’s 2023 Copyright Fair Use Decision is Not a One-Hit Wonder
"The fair use defense to copyright infringement has been remastered by the Supreme Court—at least the first factor. The Supreme Court’s recent decision in Andy Warhol Foundation v. Goldsmith holds that the defense does not apply to commercial copying of an original work if the copy serves the same or highly similar purpose as the original. Despite the Court’s efforts to limit its holding, the decision is far from a one-hit wonder. Now more than ever, artists and others should proceed with caution when creating unauthorized derivative works, especially if they plan to commercialize them."