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Results:1-10 of 24

“Charging Bull” Sculptor Articulates VARA Complaint, But “Fearless Girl” Still Standing Firm
  • Sullivan & Worcester LLP
  • USA
  • April 13 2017

After a recent discussion about whether the new Fearless Girl sculpture by Kristen Visbal in Lower Manhattan might implicate the copyright of the


Here We Go Again? Richard Prince Sued By Photographer Over Images of Rastafarian in Instagram Show
  • Sullivan & Worcester LLP
  • USA
  • January 4 2016

A new year, a new Richard Prince appropriation and fair use dispute. Readers will recall both the controversial 2013 Second Circuit decision on


Google Books, fair use, and visual artSecond Circuit writes decision that would have helped two years ago
  • Sullivan & Worcester LLP
  • USA
  • October 23 2015

With much anticipation, the Second Circuit issued its opinion last week in the Google Books case (Authors Guild et al. V, Google, Inc.), brought by


In vino veritasSecond Circuit upholds damages in counterfeit wine Koch brother case with implications for art sales
  • Sullivan & Worcester LLP
  • USA
  • October 1 2015

Koch brothers David and William are as well known for their art patronage as certain parts of the family are for political activity, and a decision


Caveat employer part two: the Second Circuit articulates a new test in intern v. employee debate: the “primary beneficiary test.”
  • Sullivan & Worcester LLP
  • USA
  • July 20 2015

Two years ago we warned employers that money not paid to "unpaid interns" might ultimately be paid in litigation under the Fair Labor Standards Act


Fox News seeks to take fair use questions over 911 photo to the Second Circuit
  • Sullivan & Worcester LLP
  • USA
  • March 23 2015

Fox News has petitioned the Second Circuit Court of Appeals to overturn an adverse ruling over use of the iconic photograph from September 11, 2001


Lauren Clay, the David Smith estate, David Dodde, and fair use: are we learning anything?
  • Sullivan & Worcester LLP
  • USA
  • October 18 2013

A pair of recent disputes over sculpture, fair use and moral rights highlights the ongoing concern that Prince v. Cariou has made things worse, not


Second Circuit adds to broadening scope of section 546 (e) safe harbors for transactions involving financial institutions
  • Sullivan & Worcester LLP
  • USA
  • September 27 2013

The United States Court of Appeals for the Second Circuit (the "Second Circuit") recently followed the emerging trend of affording the safe harbor


A primer on transformativeness: Green Day proves fair use of image in concert video
  • Sullivan & Worcester LLP
  • USA
  • August 9 2013

The Ninth Circuit has ruled in favor of the band Green Day in a copyright case that gives much better guidance on fair use and transformativeness


No infringement in Cariou v. PrinceSecond Circuit plays art critic and finds fair use
  • Sullivan & Worcester LLP
  • USA
  • April 25 2013

Two years after a U.S. District Court decision that sent shock waves through the contemporary art world, the Second Circuit Court of Appeals has