Practice Area: Entertainment, Arts & Sports

Second Circuit Reverses Fair Use Decision—Holds Warhol Foundation Infringed Lynn Goldsmith’s Photo as a Matter of Law

in a much-anticipated decision, the Second Circuit reversed the Southern District of New York decision, which found that Andy Warhol’s creation of 16 silkscreen prints and pencil illustrations of the musical artist Prince, which was based upon a 1981 photograph created by photographer Lynn Goldsmith, was fair use under the United States Copyright Act.

Protecting the Press From Prosecutorial Overreach

American history provides ample evidence that the information the press provides to the public – including information originally provided by confidential sources – is vital to the operation of our democracy and the oversight of our most powerful public and private institutions.

Trials in Fiction and Film: Can Reality Compete?

Reality and fiction are not the same. Fiction represents an author’s shaping, focusing and changing reality to tell a story. Trouble comes when fictional trial scenes start to impact real trials. Memorable fiction and drama involving lawyers usually contains a trial scene. There are obvious reasons for this: trials are invariably depicted as exciting dialectic … Continued