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Nugent Photo Copyright Dispute Offers Appellate Look at Post-Warhol Fair-Use Analysis
The U.S. Court of Appeals for the Fourth Circuit ruled that a copyright infringement claim against a news site, for using a photo of musician Ted Nugent without credit, could proceed, one of the first federal appellate decisions interpreting the U.S. Supreme Court's most recent iteration of the fair use test.
Court-watchers said the appellate court's decision in Philpot v. Independent Journal Review (IJR), 21-2021, might signal that lower courts will, in general, take an increasingly tough stance against using unlicensed photos in publications following the U.S. Supreme Court's decision in Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith, 14 S.Ct. 1258 (2023). There, the high court held the Andy Warhol Foundation infringed on photographer Lynn Goldsmith's copyright by creating silk-screen portraits based on her picture of the singer Prince, partly because the work wasn't transformative enough.
"Fair use is a notoriously difficult and fact-specific analysis, and the Supreme Court's decision in Warhol did little to un-complicate it," said Cindy Gierhart, a Holland & Knight partner whose practice is focused on media, trademark, copyright and entertainment law.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.