Legal protections that shield internet platforms from being sued for alleged harmful content posted by third parties could be affected by the Supreme Court in an upcoming hearing.
12.10.2022 - 20:51 / deadline.com
The Supreme Court heard a consequential copyright case on Wednesday, having to do with whether Andy Warhol’s estate owes a photographer a licensing fee for basing his portraits on Prince on one of her works.
A moment that stood out, however, was when Justice Clarence Thomas, posing a hypothetical to one of the lawyers, made a reference to being a Prince fan, “which I was in the 80s.”
“No longer?” interrupted Justice Elena Kagan.
The chambers erupted in laughter.
“Well,” Thomas said, as he himself chuckled, before pausing and adding, “Only on Thursday night.”
“Mmm hmmm,” Kagan replied.
The oral arguments actually were chalk full of pop culture references — one attorney at one point compared Mork & Mindy to Happy Days — given that it is a case that has potential implications over the future of the “fair use” doctrine in copyright law.
The case has to do with the Andy Warhol Foundation’s contention that the artist’s portrait of Prince. Photographer Lynn Goldsmith sued the foundation given that the artist used her 1981 photo, taken when Prince was largely unknown, as the basis for creating his silkscreen works. Vanity Fair used a Warhol work that was based on a Goldsmith photo in a 1984 issue, having obtained a license from the photographer. The problems came about after Prince died and Conde Nast, in its tribute to the singer, used a different Warhol work that was part of a series of artworks about the singer and also based on Goldsmith’s photo. The photographer contended that she was given no credit — nor did she grant a license — for that use of her work.
At issue is whether Warhol’s use of Goldsmith’s photos was a “fair use” of copyright material, and therefore outside the bounds of infringement. There are a set of
Legal protections that shield internet platforms from being sued for alleged harmful content posted by third parties could be affected by the Supreme Court in an upcoming hearing.
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oral arguments in a copyright case on Wednesday, setting up a hypothetical in which he was “a Prince fan, which I was in the ’80s.”That comment prompted liberal Justice Elena Kagan to interject, “No longer?”And Thomas responded to laughter: “So only on a Thursday night.” The case involves a photographer who is suing the Andy Warhol Foundation arguing that the artist, who died in 1987, breached her copyright by using her 1981 portrait of the pop star for a series of images Warhol created for Vanity Fair in 1984. (The magazine had paid photographer Lynn Goldsmith $400 to use her portrait as an “artist’s reference.”) The case could have big implications across media about the “fair use” of existing artistic images and works, and what might be owed to copyright owners from later artists who create follow-on works.
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Ginni Thomas is once again at the center of controversy and accusations of conflict of interest after an analysis of the 74 amicus briefs filed with the U.S. Supreme Court aimed at overturning Roe v Wade found she was linked to just over half of the legal entreaties to end a woman’s right to choose.“A new analysis of the written legal arguments, or ‘amicus briefs,’ used to lobby the justices as they deliberated over abortion underlines the extent to which Clarence Thomas’s wife was intertwined with this vast pressure campaign,” The Guardian reports.
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