Amy Allen Hinson, Robert Botkin, and Will Barker co-authored an article on IPWatchdog.com analyzing a recent U.S. Supreme Court case involving copyright and fair use.
“Companies rely on copyright protections to shield their software, data sets, and other works that are licensed to their customers; however, a reframing of what constitutes a ‘transformative use,’ and the extent a license can restrict such fair uses, may whittle away all avenues of protections,” they wrote.
“On October 22, 2022, the Supreme Court of the United States heard arguments for Andy Warhol Foundation v. Goldsmith,” they continued. “The question before the Court is where does a copyright holder’s right to create derivative works stop and ‘fair use’ of the work begin? Companies that license data sets or data feeds should pay close attention, as the Court’s decision could narrow contractual remedies.”
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