Digital Citizens Alliance (DCA) released a new report yesterday with the eye-popping statistic that 72% of Americans who subscribe to pirate media sites experience incidences of credit card fraud compared to 18% prevalence of credit card fraud among those who do not subscribe to pirate sites. These data are based on a survey of 2,030 Americans, of which 1 in ...
Pride month is more than celebratory in a time when book bans are on the rise in the United States, and 26% of the titles banned “have LGBTQ+ characters or themes,” according to PEN America. With politicians like Ron DeSantis determined to make “anti-wokeness” part of the Republican brand, this neologism for hate-speech has taken the form of book and ...
In Justice Kagan’s blistering dissent in AWF v. Goldsmith, she stated the following: If Warhol had used Goldsmith’s photo to comment on or critique Goldsmith’s photo, he might have availed himself of that factor’s benefit (though why anyone would be interested in that work is mysterious). [Emphasis added] Kagan’s sweeping view that she could not imagine why there would be ...
Although the most straightforward cases of fair use thus involve a secondary work that comments on the original in some fashion, in Cariou v. Prince, we rejected the proposition that a secondary work must comment on the original in order to qualify as fair use. – 2nd Circuit Court of Appeals in Warhol v. Goldsmith – The following is ...
In this Court, the sole question presented is whether the first fair use factor, “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes,” §107(1), weighs in favor of AWF’s recent commercial licensing to Condé Nast. Although the consideration in Andy Warhol Foundation v. Lynn Goldsmith is narrowly ...
