Landslide® December/January 2024

Andy Warhol Foundation v. Goldsmith

Copyright

SCOTUS Reins in Transformative Use

Keith Kupferschmid

The Warhol decision clarifies that a finding of transformative use is no longer dispositive and controlling of the four fair use factors.

Copyright

Fair Use in Context

Philippa S. Loengard

After Warhol, a fair use analysis involves looking at the secondary author’s use of the secondary work rather than the use of the primary work in the secondary work.

Intellectual Property

Why the Decision Is Music to My Ears

Marc D. Ostrow

The Warhol decision curtails transformative fair use in visual arts works to be in line with how analogous uses of musical works are treated.

Copyright

The Court’s Failure to Recognize Image Licensing for Editorial Purposes Is Bad News for Content Providers

Judith B. Bass

In Warhol, the Court’s finding fails to recognize licensing for editorial uses and will make fair use determinations more difficult going forward.

Features

Copyright

Art Commission Agreements and VARA Moral Rights

Christopher J. Robinson

A recent case in the Second Circuit illustrates some of the difficult issues that can arise for commissioned works under the Visual Artists Rights Act.

Copyright

Developments in the Protection and Use of Australian Aboriginal Art

Virginia J. Morrison

Proposed legislation would give traditional owners the right to control their “cultural assets” and the use of those assets in visual arts and crafts.

Copyright

Lost in Translation Rights: Anime Merchandise Licensing across Borders

Diana Qiao

Reviewing merchandise licensing agreements may be relatively straightforward, but there are other factors to consider when licensing with foreign companies.

Europe

Advising Art Market Participants on Anti-Money Laundering Regulations

Alexandrea (Andrea) Tracy and Deborah Hrbek

Art market participants should implement risk management protocols to ensure their compliance with global anti-money laundering regulations.

Copyright

Taylor Swift: Music Icon and Copyright Gamesman?

Ashley N. Klein

The pop music icon’s experience with rerecording her album collection is a cautionary tale about the intersection of copyright law and the law of contracts.

Artificial Intelligence & Robotics

From Deepfakes to Deepfame: The Complexities of the Right of Publicity in an AI World

Eliana Torres

The rise of celebrity-based artificial intelligence has led to identity dilemmas in deepfakes, digital resurrection, autonomous creations, and privacy issues.

Artificial Intelligence & Robotics

Publicity Rights and the First Amendment: How AI Poses New Challenges in Reality TV

Alyssa J. Devine

The use of emerging technology to expose participants’ lives in reality TV offers new challenges and raises important ethical and legal questions.

Internet

The Certificate of Authenticity: Beyond Material Form

Charlotte Kent in Conversation with Mitchell F. Chan

An art historian talks with a contemporary artist on theory and conceptual art. Image: Winslow Homer’s Croquet Challenge (screenshot of video game), 2022, by Mitchell F. Chan, photo courtesy of the artist

Columns and Departments

Patents

My Journey

Steven P. Caltrider

The chair of the ABA Section of Intellectual Property Law discusses his history with ABA-IPL and its active pursuit of policy to advance the ecosystem of innovation.

Intellectual Property

December/January 2024 Decisions in Brief

John C. Gatz

Review brief synopses of recent court decisions involving copyrights, patents, trade secrets, and trademarks.

Renew Your ABA Membership

Landslide® December/January 2024

Freedom of Expression and the Artistic Relevance of NFTs

Andy Warhol Foundation v. Goldsmith

SCOTUS Reins in Transformative Use

Fair Use in Context

Why the Decision Is Music to My Ears

The Court’s Failure to Recognize Image Licensing for Editorial Purposes Is Bad News for Content Providers

Features

Art Commission Agreements and VARA Moral Rights

Developments in the Protection and Use of Australian Aboriginal Art

Lost in Translation Rights: Anime Merchandise Licensing across Borders

Advising Art Market Participants on Anti-Money Laundering Regulations

Taylor Swift: Music Icon and Copyright Gamesman?

From Deepfakes to Deepfame: The Complexities of the Right of Publicity in an AI World

Publicity Rights and the First Amendment: How AI Poses New Challenges in Reality TV

The Certificate of Authenticity: Beyond Material Form

Columns and Departments

My Journey

December/January 2024 Decisions in Brief

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Landslide® December/January 2024

Freedom of Expression and the Artistic Relevance of NFTs

Andy Warhol Foundation v. Goldsmith

SCOTUS Reins in Transformative Use

Fair Use in Context

Why the Decision Is Music to My Ears

The Court’s Failure to Recognize Image Licensing for Editorial Purposes Is Bad News for Content Providers

Landslide® Webinar Series

Features

Art Commission Agreements and VARA Moral Rights

Developments in the Protection and Use of Australian Aboriginal Art

Lost in Translation Rights: Anime Merchandise Licensing across Borders

Advising Art Market Participants on Anti-Money Laundering Regulations

Taylor Swift: Music Icon and Copyright Gamesman?

From Deepfakes to Deepfame: The Complexities of the Right of Publicity in an AI World

Publicity Rights and the First Amendment: How AI Poses New Challenges in Reality TV

The Certificate of Authenticity: Beyond Material Form

Landslide® Magazine

Columns and Departments

My Journey

December/January 2024 Decisions in Brief

ABA Resources

The ABA

Connect