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ARTICLE · 03 APRIL 2024

Citing Warhol, 10th Circuit Reverses Tiger King Fair Use Ruling

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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Back in 2022, the U.S. Supreme Court issued an important fair use ruling in Warhol v. Goldsmith—holding that Warhol's use of Goldsmith's Prince photograph was not fair use.

United StatesIntellectual Property

Back in 2022, the U.S. Supreme Court issued an important fair use ruling in Warhol v. Goldsmith—holding that Warhol's use of Goldsmith's Prince photograph was not fair use. Our firm co-authored an amicus brief in that case on behalf of documentary filmmakers—warning that if the ruling is applied to documentaries, filmmakers will not be able to rely safely on the fair use doctrine to justify their use of pre-existing copyrighted material.

We have been closely monitoring the court dockets to see how courts are analyzing fair use in the wake of the Warholruling—especially as applied to documentary films. This week's Tenth Circuit decision in Whyte Monkee Productions et al. v. Netflix, Inc. et al.(the "Tiger King" copyright case) provides a first glimpse.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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