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The U.S. District Court for the Southern District of New York, in a ruling during the summer by District Judge John J. Koetl, held that a series of silkscreen paintings and prints by Andy Warhol based on a photograph of music legend Prince taken by Lynn Goldsmith constituted a transformative fair use. The Andy Warhol Foundation for the Visual Arts v. Goldsmith, 382 F.Supp. 3d 312 (S.D.N.Y.). In so holding, Judge Koetl relied on the 2013 Second Circuit decision holding that an “appropriation artist,” Richard Prince (no relation to the musician Prince), made a transformative and fair use of photographs taken by Patrick Cariou. Cariou v Prince, 714 F.3d 694 (2d Cir. 2013). Cariou has been criticized for its characterization of the changes made by Richard Prince as transformative, a criticism that Lynn Goldsmith no doubt will be making in her pending appeal of Judge Koetl‘s decision.
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By Stan Soocher
Can the settlement of a lawsuit by one profit participant in a TV production be used to increase the contingent compensation provisions of other profit participants in the show?
In-House Counsel Perspective on Negotiating Social Media Influencer Contracts
By Chris O’Malley
With the FTC amping up its scrutiny in the social media influencer space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck.
Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software
By Jonathan Bick
Because AIs are capable of causing harm but cannot be a legal entity, they are not held accountable by court action. Several current and future possibilities exist to resolve AI difficulties. Current options involve identifying indirect liability. Future options include but are not limited to changing the law to make an AI a legal person and/or changing the law to make AI programing an ultra-hazardous activity.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.