3 Count: Finally Over

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1: Warhol Estate, Photographer Resolve Landmark Copyright ‘Fair Use’ Case

First off today, Blake Brittain at Reuters reports that the Andy Warhol Foundation has reached a settlement with photographer Lynn Goldsmith, bringing an end to nearly eight years of litigation, which included a major Supreme Court ruling.

The Warhol Foundation filed the lawsuit against Goldsmith after the photographer objected to the use of one of her photos of the musician Prince by Warhol to make unlicensed paintings. The foundation attempted to claim that this use was a fair use, but the Supreme Court ruled 7-2 against the foundation, saying that it wasn’t.

This sent the case back down to the lower court. However, there will not be a new trial or hearing as the two sides have settled, with the foundation agreeing to pay Goldsmith more than $21,000. The settlement brings the case to a complete end.

2: Publishers File Appeal Brief in Internet Archive Copyright Suit

Next up today, Jim Milliot at Publishers Weekly reports that book publishers have filed a brief with the Second Circuit Court of Appeals in their ongoing case against the Internet Archive. The brief asks the court to uphold a lower court decision granting them a significant win in the fight.

The pubilshers sued the Internet Archive in 2020, alleging that the archive’s “National Emergency Library”, which removed all restictions on electronically accessing scanned books, was a copyright infringement. The judge at the district court ruled in favor of the publishers, not only finding that the emergency library was an infringement, but that the concept of “controlled digital lending” was also flawed.

The Internet Archive filed an appeal in the case, saying that the judge erred. However, now the publishers have responded, saying that there is nothing transformative about controlled digital lending and that the practice should not be allowed.

3: New York Disbars Infamous Copyright Troll

Finally today, Joe Patrice at Above the Law reports that the state of New York has disbarred Richard Liebowitz, a well-known “copyright troll” for his mishandling of several cases involving alleged infringement of photos.

Liebowitz earned a reputation as a copyright troll for filing repeated threats and lawsuits against alleged photography infringers. However, as Liebowitz’ case load grew, so did the issues and errors including missed hearings, misrepresentations to the court and more.

Liebowitz was suspended years ago. However, now a New York court has now disbarred Liebowitz entirely, effectively ending his career as a lawyer.

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