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During the recent oral arguments before it in Andy Warhol Foundation Foundation for the Visual Arts Inc. v. Goldsmith, 21-869, the U.S. Supreme Court sounded open to extending more fair use protection to an Andy Warhol painting of rock icon Prince than the U.S. Court of Appeals for the Second Circuit did. The Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith, 992 F.3d 99 (2d Cir. 2021). The Supreme Court justices peppered each side with questions in The Andy Warhol Foundation case. The court’s ruling could affect everyone from visual artists and photographers, to documentary filmmakers and Internet mashup creators.
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By Michelle Davis
Force majeure is lurking in the shadows of the Hollywood strikes, offering struggling studios a potential lifeline out of debt. But the best attorneys and the strongest contracts are proactive, rather than reactive. Thus, consider the following drafting tips to strengthen your force majeure language now, in the calm before the next storm.
By George Ernst
This year’s update from the U.S. Citizenship and Immigration Service for O-1B visa petitions has knock-on effects for the movie and TV industries. The update has clarified the correct standard of adjudication for an individual with both elements of an O-1B artist and O-1B motion-picture-and-television-industry (MPTV) classification, meaning situations where a foreign national will be working in the U.S. as an artist, but some of their work will be in MPTV.
By Thomas Kjellberg and Robert W. Clarida
Termination is not automatic. It may be effected only through affirmative action on the part of the author or his or her statutory successors, who must serve an advance notice, signed by or on behalf of all of those entitled to terminate the grant, on the current copyright owner within specified time limits and under specified conditions.
By Entertainment Law & Finance Staff
A look at moves among attorneys, law firms, companies and other players in entertainment law.