These two court decisions could transform the "Fair Use" laws relating to internet posting and publishing.
Here are links to the two court opinions.
Copy of lawsuit filed against Internet Archives
https://s3.documentcloud.org/documents/6935704/4388-1.pdf
Court Opinion and Order
https://storage.courtlistener.com/recap/gov.uscourts.nysd.537900/gov.uscourts.nysd.537900.188.0.pdf
CONCLUSION: The Court has considered all of the parties' arguments. To the extent not specifically addressed above, the arguments are either moot or without merit. For the foregoing reasons, the plaintiffs' motion for summary judgment is granted and the defendants' motion for summary judgment is denied. The parties should submit their respective proposals (or preferably a joint proposal) for the appropriate procedure to determine the judgment to be entered in this case.
"U.S. District Court Judge John G. Koeltl agreed with the plaintiffs, saying that the Internet Archive was making “derivative” works by turning print books into e-books and distributing them. It no longer has the right to do so."
https://www.supremecourt.gov/opinions/22pdf/21-869_87ad.pdf
Warhol had purchased the copyright from a magazine who published the original photo. Ends up, they did not own the copyright.
Before you look up “dimmery judgment “ it is a typo. It was to say “Summary Judgment. “
🤭
[[Warhol had purchased the copyright from a magazine who published the original photo. Ends up, they did not own the copyright]]
Kind of akin to someone purchasing a stolen care with a title that wasn’t theirs.
The majority ruled that the magazine might well have chosen Goldstein’s work itself for the same purpose and that is the ONLY reason Warhol’s work amounted to copyright infringement.
I have certain problems with copyright law, chiefly in the outrageous lengths of copyright. But this seems absolutely central to the very purpose of copyright. Had Warhol not used Goldstein’s work without compensation, Goldstein’s own work might have been used for the same purpose. This is not copyright stifling creativity!
This could have ramifications on the Fair Use statutes that allows us to post articles here on FR.