Practice Area: Entertainment, Arts & Sports

We’re Gonna Rock Down to . . . Copyright Protection: The Unauthorized Use of Popular Music in Political Campaigns During the Social Media Era

While politicians and political campaigns, just as anyone else, may use copyrighted works in ways that qualify as fair use with or without permission from the copyright owners, the fact that a politician or political campaign uses the work in a political context does not mean that the use is more or less likely to qualify as fair use.

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.