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Warhol Foundation v. Goldsmith: Unpacking the Impact of Recent Cases on the Fair Use Doctrine


Level: Advanced
Runtime: 93 minutes
Recorded Date: May 07, 2021
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Agenda

  • Copyright Basics
  • Rogers v. Koons
  • Campbell v Acuff-Rose Music, Inc.
  • Blanch v. Koons
  • Cariou v. Prince
  • Warhol Foundation v. Goldsmith
  • Dr. Suess Enterprises, L.P. v. COMICMIX LLC
  • Google LLC v. Oracle America, Inc.
  • What's Next?
Runtime: 1 hour, 33 minutes
Recorded: May 7, 2021

Description

The panel will consider the ramifications of the Second Circuit's decision in Warhol Foundation v. Goldsmith beginning with an explanation of the law of copyright Fair Use and the "transformative use" test.

Panelists will consider both the litigation ramifications of the decision and what lies ahead in fair use jurisprudence, how licensing provisions that inform the litigation can be avoided with careful drafting, the art/ historical analysis of what "transformation" and "appropriation" mean, the relationship of art realities to courtroom, how judges and triers of fact analyze art cases, and what impact this decision may have on advising clients in the context of decision making on copyright infringement, licensing, and fair use analysis of works. Discussion includes unconscious bias, equity and inclusion in the fair use market analysis and legal results. Attention will also be paid to other recent cases involving fair use, including the U.S. Supreme Court's decision in Google v. Oracle.

This program was recorded on May 7th, 2021.

Provided By

American Bar Association

Panelists

Kenneth M. Kaufman

ALI Fellow
Harvard University

As a Partner with national law firm Manatt, Phelps & Phillips, he founded entertainment and media practices in the Washington, D.C. office, covering such areas as copyright, media law, e-commerce and content licensing. Earlier in his career he held key positions with Showtime, PolyGram Records and the JFK Center for the Performing Arts. He is based in Washington, D.C.

Kenneth D. Freundlich

Partner
Freundlich Law

With approximately 30 years of experience, Kenneth D. Freundlich is a business, entertainment, and IP attorney, renowned for representing individuals and companies with his pragmatic aggressiveness, relatability, business acumen, and ability to handle everything from everyday business disputes to complex, ground-breaking cases. Ken is licensed to practice in the state and federal courts of New York and California (among other courts) and has had notable successes in multiple arenas, from California Labor Commissioner proceedings, IFTA arbitrations, Copyright Rate Court proceedings, and Guild arbitrations, to trial and appellate courts (including the United States Supreme Court).

With approximately 30 years of experience, Kenneth D. Freundlich is a business, entertainment, and IP attorney, renowned for representing individuals and companies with his pragmatic aggressiveness, relatability, business acumen, and ability to handle everything from everyday business disputes to complex, ground-breaking cases. Ken is licensed to practice in the state and federal courts of New York and California (among other courts) and has had notable successes in multiple arenas, from California Labor Commissioner proceedings, IFTA arbitrations, Copyright Rate Court proceedings, and Guild arbitrations, to trial and appellate courts (including the United States Supreme Court).

A proud graduate of UCLA's joint JD/MBA program, Ken is one of the few attorneys who does not shy away from the quantitative or business side of cases. Whether it is grilling the opposing party's experts about complex royalty statements, unraveling a party's intricate corporate structures and related corporate issues, or negotiating and drafting a settlement that maximizes a client's bottom line, Ken has the tools and experience for success.With approximately 30 years of experience, Kenneth D. Freundlich is a business, entertainment, and IP attorney, renowned for representing individuals and companies with his pragmatic aggressiveness, relatability, business acumen, and ability to handle everything from everyday business disputes to complex, ground-breaking cases. Ken is licensed to practice in the state and federal courts of New York and California (among other courts) and has had notable successes in multiple arenas, from California Labor Commissioner proceedings, IFTA arbitrations, Copyright Rate Court proceedings, and Guild arbitrations, to trial and appellate courts (including the United States Supreme Court).

A proud graduate of UCLA's joint JD/MBA program, Ken is one of the few attorneys who does not shy away from the quantitative or business side of cases. Whether it is grilling the opposing party's experts about complex royalty statements, unraveling a party's intricate corporate structures and related corporate issues, or negotiating and drafting a settlement that maximizes a client's bottom line, Ken has the tools and experience for success. A proud graduate of UCLA's joint JD/MBA program, Ken is one of the few attorneys who does not shy away from the quantitative or business side of cases. Whether it is grilling the opposing party's experts about complex royalty statements, unraveling a party's intricate corporate structures and related corporate issues, or negotiating and drafting a settlement that maximizes a client's bottom line, Ken has the tools and experience for success.

Alexandra Darraby

Founder & Principal
The Art Law Firm

Alexandra Darraby is a founder and principal of The Art Law Firm, a leading authority on arts, new media, technology, intellectual property, estates and trusts, insurance and risk management, and architecture. She advises collectors, curators, corporations, government agencies, insurance brokers and insureds on valuation, collection maintenance and management, exhibition and museum loans, and cross-border trade and duty.

Ms. Darraby authored the seminal art appraisal and valuation materials, taught appraisal law for the American Society of Appraisers, and the Appraisers Association of America, represents clients on valuation and appraisals on transactions and in court, and mediation. Comments, podcasts and interviews on the art markets, conservation, appraisal, museums and more appear in the New York Times, the Los Angeles Times, Art&Auction, Newsweek.com, MSNBC.com, NPR The World, Smithsonian Institution. Ms. Darraby is a consultant and court appointed expert on criminal and civil matters and served as an art specialist in Russia for the U.S. Department of State, and a consultant to other federal and local governmental offices. Ms. Darraby is invited keynote around the world.

Ms. Darraby Chairs Ethics and is Founding Chair of New Media for the ABA, International Section, Governing Committee for the Forum on Entertainment & Sports, Officer of the California State Bar International Section and incoming Vice-Chair, and a member of the Editorial Board of the Entertainment Sports Law Journal. Former professor Darraby is a Phi Beta Kappa, summa cum laude graduate, a B.A. from UCLA, a JurisDoctor from Boalt Hall, and a Master of Arts in East Asia from Berkeley. A Visiting Professor at University of Maine Law School and an adjunct at Pepperdine Law School, Ms. Darraby is the author of the comprehensive legal treatise anchoring the field, ART, ARTIFACT, ARCHITECTURE & MUSEUM LAW (Vol. 1 & 2: 18th ed.) published by Thomson Reuters West.


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