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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Eric Goldman

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. Supreme Court affirmed the Second Circuit’s ruling that the reproduction of Andy Warhol’s Orange Prince on the cover of a magazine tribute was not a fair use of Lynn Goldsmith’s photo of the singer-songwriter Prince, on which the Warhol portrait was based.

Court 95
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More Chaos in the Law of Online Contract Formation

Eric Goldman

Two top-line takeaways you might get from this post: A two-click formation process avoids the risk of judges moving the goalposts about formation, and If you are amending your TOS, have an airtight plan for building a credible evidentiary record. In re: StubHub Refund Litigation , No. 22-15879 (9th Cir. Citing Sellers v.

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2023 Quick Links: Leftovers

Eric Goldman

Viewing Heuberger’s comments in the light most favorable to Route, the Court concludes that at least some of Heuberger’s comments are not a “performance assessment of, or other similar analysis of,” Route’s services. Thi E-Commerce, LLC, 2023 WL 5949029 (Cal. Alderwood Surgical Center, LLC, 2023 WL 3435305 (W.D.