On October 12, 2022, the Supreme Court heard oral arguments for The Andy Warhol Foundation for the Visual Arts, Inc.(AWF) vs. Lynn Goldsmith, et al.[1] The main issue revolves around “transformative” use under the Copyright Act[2] and how transformative the work must be to be protected by the doctrine of Fair Use and not infringe another’s copyright.[3] In 1994, the Supreme Court considered a case regarding transformative use, Campbell v. Acuff-Rose Music, Inc., in which the Court held that 2 Live Crew’s parody on Roy Orbison’s song, “Oh, Pretty Woman,” was protected under fair use and that the lower court erred in finding otherwise because they solely looked at the commercial nature without weighing the other fair use factors.[4] The Court also defined “transformative” as “add[ing] something new, with a further purpose or different character, altering the first with [a] new expression, meaning, or message.”[5] The more a work transforms the original, the less the other fair use factors will weigh in the analysis because transforming a work emphasizes “the heart of the fair use doctrine’s guarantee of breathing space within the confines of copyright.”[6] Transformative use also came up in 2020 with Google LLC v. Oracle America, Inc., where the Court found Google’s use of a portion of code from the Sun Java API, a computer program using Java programming language, to be “new” and “transformative” enough to constitute fair use.[7]
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00IntellectualPropertyhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngIntellectualProperty2022-12-06 10:49:122022-12-06 10:49:40Transforming Transformative Use: A Synopsis of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
As legal professionals, we dedicate significant time and energy to improving our practice, our knowledge, our business. But how much time do we devote to improving the way we care for ourselves? When is the last time you reviewed your self-care routine, implemented new self-care strategies, or set time aside for self-care planning? If you’re like me, your self-care routine may benefit from a well-designed system — James Clear’s Atomic Habits system.
Self-Care is Key for Legal Professionals, But it is Not Our Forte
As advocates serving others in a myriad of ways, our profession is notorious for disregarding the well-established principle of “fitting our own oxygen mask first.” But, it’s because we are advocates serving others in a myriad of ways that fitting our own oxygen mask first is so critical.
As legal professionals, we dedicate significant time and energy to improving our practice, our knowledge, our business. But how much time do we devote to improving the way we care for ourselves? When is the last time you reviewed your self-care routine, implemented new self-care strategies, or set time aside for self-care planning? If you’re like me, your self-care routine may benefit from a well-designed system — James Clear’s Atomic Habits system.
Self-Care is Key for Legal Professionals, But it is Not Our Forte
As advocates serving others in a myriad of ways, our profession is notorious for disregarding the well-established principle of “fitting our own oxygen mask first.” But, it’s because we are advocates serving others in a myriad of ways that fitting our own oxygen mask first is so critical.
Transforming Transformative Use: A Synopsis of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
Featured PostsOn October 12, 2022, the Supreme Court heard oral arguments for The Andy Warhol Foundation for the Visual Arts, Inc.(AWF) vs. Lynn Goldsmith, et al.[1] The main issue revolves around “transformative” use under the Copyright Act[2] and how transformative the work must be to be protected by the doctrine of Fair Use and not infringe another’s copyright.[3] In 1994, the Supreme Court considered a case regarding transformative use, Campbell v. Acuff-Rose Music, Inc., in which the Court held that 2 Live Crew’s parody on Roy Orbison’s song, “Oh, Pretty Woman,” was protected under fair use and that the lower court erred in finding otherwise because they solely looked at the commercial nature without weighing the other fair use factors.[4] The Court also defined “transformative” as “add[ing] something new, with a further purpose or different character, altering the first with [a] new expression, meaning, or message.”[5] The more a work transforms the original, the less the other fair use factors will weigh in the analysis because transforming a work emphasizes “the heart of the fair use doctrine’s guarantee of breathing space within the confines of copyright.”[6] Transformative use also came up in 2020 with Google LLC v. Oracle America, Inc., where the Court found Google’s use of a portion of code from the Sun Java API, a computer program using Java programming language, to be “new” and “transformative” enough to constitute fair use.[7]
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Making Attorney Self-Care an Atomic Habit
Featured PostsAs legal professionals, we dedicate significant time and energy to improving our practice, our knowledge, our business. But how much time do we devote to improving the way we care for ourselves? When is the last time you reviewed your self-care routine, implemented new self-care strategies, or set time aside for self-care planning? If you’re like me, your self-care routine may benefit from a well-designed system — James Clear’s Atomic Habits system.
Self-Care is Key for Legal Professionals, But it is Not Our Forte
As advocates serving others in a myriad of ways, our profession is notorious for disregarding the well-established principle of “fitting our own oxygen mask first.” But, it’s because we are advocates serving others in a myriad of ways that fitting our own oxygen mask first is so critical.
Read more
Making Attorney Self-Care an Atomic Habit
Featured PostsAs legal professionals, we dedicate significant time and energy to improving our practice, our knowledge, our business. But how much time do we devote to improving the way we care for ourselves? When is the last time you reviewed your self-care routine, implemented new self-care strategies, or set time aside for self-care planning? If you’re like me, your self-care routine may benefit from a well-designed system — James Clear’s Atomic Habits system.
Self-Care is Key for Legal Professionals, But it is Not Our Forte
As advocates serving others in a myriad of ways, our profession is notorious for disregarding the well-established principle of “fitting our own oxygen mask first.” But, it’s because we are advocates serving others in a myriad of ways that fitting our own oxygen mask first is so critical.
Read more