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New Fair Use and the US Supreme Court: A Primer including cases and controversies on Andy Warhol, Google and more; What litigators and business lawyers need to know [Part 1]

Alexandra Darraby
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.

On-Demand: December 8, 2022

New Fair Use and the US Supreme Court: A Primer including cases and controversies on Andy Warhol, Google and more; What litigators and business lawyers need to know [Part 1]

$95.00 1 hour CLE

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Program Summary

The US Supreme Court opinion on Campbell v. Acuff-Rose established fair use analysis for decades, a case involving 2 Live Crew’s parodic Pretty Woman version of Roy Orbison’s Oh Pretty Woman. Fair use became a talismanic defense used differently in different jurisdictions for decades until Covid-era US Supreme Court decision Google v. Oracle America, a fair use case involving software and API.

The US Supreme fair use analysis in Google did not establish fair use precedent for decades like the Campbell case did or even for a year; within a matter of months in 2022 the US Supreme Court accepted certiorari on Warhol Foundation v. Goldsmith, a fair use case claimed by the Warhol Foundation on his series of prints based on a photograph by Goldsmith of musician Richard Prince posed in her studio before Prince’s iconic fame and controversial suicide was memorialized in a magazine cover featuring the Warhol image, which led to the photographer’s discovery of the use and ultimately a lawsuit in which she was the named defendant.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • Fair Use: Constitutional Purpose
  • Fair Use: The Statute--17 US Code Section 107
  • Fair Use: The Four Statutory Factors and more
  • Fair Use: Facts and Law
  • Fair Use: Transformation and Art Appropriation
  • Fair Use: Case Law
  • Fair Use: Opinion Letters
  • Fair Use: The Calculus

Date: December 8, 2022

Darraby on Art Law
25th Anniversary, 2021 Edition
Details and Publisher Discount for myLawCLE registered for course here
*Book sold separately

Darraby on art law_myLawCLE

Closed-captioning available

Speakers

Alexandra-Darraby_Art-Law-Firm_FedBarAlexandra 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. Fair Use: Constitutional Purpose | 12:00pm – 12:05pm

II. Fair Use: The Statute–17 US Code Section 107 | 12:05pm – 12:10pm

III. Fair Use: The Four Statutory Factors and more | 12:10pm – 12:20pm

IV. Fair Use: Facts and Law | 12:20pm – 12:25pm

V. Fair Use: Transformation and Art Appropriation | 12:25pm – 12:30pm

VI. Fair Use: Case Law | 12:30pm – 12:40pm

VII. Fair Use: Opinion Letters | 12:40pm – 12:50pm

VIII. Fair Use: The Calculus | 12:50pm – 1:00pm

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