Cases and Controversies on Fair Use, Transformation & US Supreme Court–Warhol Foundation and more [Part 2]

Alexandra Darraby | Art Law Firm

On-Demand: June 1, 2023

Cases and Controversies on Fair Use, Transformation & US Supreme Court–Warhol Foundation and more [Part 2]

$95.00 1 hour CLE

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Program Summary

The US Supreme Court issued a 70+ page 7-2 opinion May 18, 2023, affirming the Second Circuit and holding Warhol Foundation’s use of photographer Goldberg was not fair use (Andy Warhol Foundation v. Goldsmith, 598 U.S. _(2023)). The Supreme Court opinion validates and vindicates legal commentator Alexandra Darraby, synopsized in the opinion that ”Goldsmith’s original works…are entitled to copyright protection, even against famous artists.”

The Court focused only on first factor of fair use--purpose and character, balancing the preamble of Section 107 Fair Use statutory provision against precental first factor analysis. Justice Sotomayer, delivering the opinion for the Court, Justics Gorsuch and Jackson concurring, explains the nuances of purposes, commercial versus non commercial uses, and degree. The Opinion is a benchmark for understanding art, art history, and the highly segmented art markets. Alexandra Darraby, a former gallerist and legal commentator for Thomson Reuters West, has published and lectured on these issues for decades. Join her to parse the Court’s considerations to empower your own analysis and abilities on future fair use matters, regardless of content. subject matter.

Fair Use program Part 2 of is oriented to intellectual property (IP) lawyers and general counsel whose companies use or create IP. But attendees are not required to be IP lawyers. Fair Use Part 1, a foundation program on the ABC’s of fair us, is available in the myLawCLE library for those who want to refresh or acquire background.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

US Supreme Court Warhol Case Fair Use First Factor Analysis
US Supreme Court Warhol Case Fair Use as part of federal -17 US Code Section 107
The Role of Celebrity in Fair Use Facts and Law
The Role of Transformation and Appropriation in Fair Use
Guidelines for How Lawyers Optimally Approach Fair Use Analysis after the Warhol Case

Date: June 1, 2023

Closed-captioning available

Speakers

Alexandra Darraby | Art Law Firm

Alexandra Darraby, legal commentator of Darraby on Art Law, is a founder and principal of The Art Law Firm, a leading authority on arts, architecture, new media, technology, intellectual property, estates and trusts, insurance and risk management. Clients of the Firm represent all facets of the practice, including collectors, artists, galleries, governments, arts organizations, architects and designers. Alexandra is former Director and owner of a contemporary gallery, law professor and curator of corporate & gallery exhibitions. Alexandra’s model agreements are used by museums, collectors, artists, galleries, dealers, appraisers, conservators and others. She served as a court appointed expert, a specialist abroad for the U.S. government, a keynote and featured speaker in the USA, Russian Federation, the UK, the EU, and Czech Republic. Darraby, a rated Super Lawyer, has represented indigenous interests on intellectual property rights, internet art, copyright and sales, and brands, and business and creative clients on registrations, trademarks and culture, including curatorial role of museums and collections.

Thomson Reuters West 25th Anniversary DARRABY ON ART LAW, Volume Nos. 1-3 is available from the publisher and for CLE registrants from West Publisher at a professional discount using Discount Code: ARTLAW 2020 Recent and upcoming publications include:

A User’s Guide to The Metaverse, Technology and Beyond
NFTs and Metaverses: Go Boldly Where None Has Gone Before, LA Daily Journal/California Lawyer (Feb. 23, 2022)
Warhol Redux (New Matter Spring 2022)
Washing Art: Money Laundering and Terrorism (Law 360 Jan. 2022)
Fair Use, Art Appropriation, Transformation Equity Justice Under the Constitution: Andy Warhol Foundation v. Goldsmith, New Matter (Fall 2021)

Media coverage includes New York Times, Los Angeles Times, Art & Auction, Newsweek.com, MSNBC.com, NPR The World, Designers West, Smithsonian Institution.

Ms. Darraby is Division Chair of International on the ABA Forum on Entertainment and Sports Law, a Past Chair of the International Section of California Lawyers Association, formerly the State Bar. She served as Reporter to the Uniform Law Commission on cultural property and authored a multipart series on UCC consignment and sale of artworks. Her articles and byline are published in dozens of art, design, architecture, business and law media. Visit the website for a complete list of publications and media https://www.artlawfirm.com.

Contact data: [email protected]; https://www.artlawfirm.com

Agenda

I. US Supreme Court Warhol Case Fair Use First Factor Analysis | 1:00pm – 1:10pm

II. US Supreme Court Warhol Case Fair Use as part of federal -17 US Code Section 107 | 1:10pm – 1:20pm

III. The Role of Celebrity in Fair Use Facts and Law | 1:20pm – 1:30pm

IV. The Role of Transformation and Appropriation in Fair Use | 1:30pm – 1:45pm

V. Guidelines for How Lawyers Optimally Approach Fair Use Analysis after the Warhol Case | 1:45pm – 2:00pm