3 Count: USCO Chimes In

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1: U.S. Copyright Office Argues Warhol’s Use of Prince Photo Was Not ‘Fair Use’

First off today, Jaron Schneider at PetaPixel reports that the United States Copyright Office has weighed in on the Andy Warhol case, telling the Supreme Court that they feel Warhol’s paintings were not a fair use of Lynn Goldsmith’s photos.

The case pits Goldsmith against the Warhol estate, with Goldsmith alleging that Warhol created a series of paintings of the musician Prince using her images. Though Warhol had the rights to create one such painting, Goldsmith alleges he went well beyond that in creating a full series.

The Warhol estate has attempted to argue that the new paintings were highly transformative and should be considered a fair use. However, various photographer organizations have chimed in and disagreed. Now those organizations are joined by the U.S. Copyright Office, which filed an amicus brief with the court, making it clear that they do not consider the Warhol paintings to be a fair use of Goldsmith’s work.

2: Court Rejects Joint Application for the Accelerated Hearing of Tempoe’s Copyright Infringement Suit Against Asa

Next up today, Adeayo Adebiyi and Motolani Alake at Pulse Nigeria reports that, in Nigeria, the Federal High Court has declined a request for an expedited hearing over a copyright issue that the plaintiff claims is still costing him money.

The case was filed by musician Micheal Chigozie Alagwu (Tempoe) against several co-defendants including musicians Bukola Elemide (ASA), Peace Emmanuel Oredope (P.Priime). It alleges that two of the songs the duo worked on, IDG and Love Me or Give Me Red Wine, were infringements of Alagwu’s earlier works.

Both sides in the case sought an expedited hearing, but the court has refused to grant it. That becomes a significant issue as courts in Nigeria take a three-month break, meaning that the case, along with the alleged infringement, will continue for the next few months while the courts are closed.

3: Copyright Act Helps Astro to Tackle Illegal TV Boxes, Content Distributors Issue

Finally today, Shafiqqul Aliff at The Malaysian Reserve reports that, in Malaysia, a relatively new law may help the nation’s broadcasters target piracy of their services by going after both sellers of set-top boxes and distributors of the content that goes to them.

The Copyright (Amendment) Act 2022 was passed and given royal ascent earlier this year. According to investors, this allows broadcasters to take legal action against the sellers of pirate set-top boxes and the online services that stream illegal content to them.

According to investors, such piracy is directly to blame for the declining subscriptions to legitimate services and that the law will help media companies address the issue and, hopefully, turn around their declining viewership.

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