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As digital technology and the online environment transform the distribution and use of intellectual property, our Copyright & Trademark group is on the front lines in protecting and enforcing our clients’ most important creative assets. Our trial-tested team represents a wide range of clients, from entrepreneurs to major corporations, from playwrights to media giants, and from individual songwriters to the country’s largest performing rights organizations.

Intellectual Property Litigation: Supreme Court Considering Scope of “Transformativeness” Fair-Use Factor

September 14, 2022

Litigation partner Catherine Nyarady’s latest intellectual property litigation column, “Supreme Court Considering Scope of ‘Transformativeness’ Fair-Use Factor,” appeared in the September 14 issue of the New York Law Journal. Catherine discusses an upcoming Supreme Court case, Andy Warhol Foundation for Visual Arts v. Goldsmith, in which the justices will consider whether courts assessing transformativeness under the Copyright Act’s first of four fair-use factors may consider the meaning of the accused work when it recognizably derives from the source material. Their decision could significantly impact the fair use analysis of copyrighted works and the scope of copyright protection overall. Litigation associate Michael Milea assisted in the preparation of the article.

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