Intellectual Property Law
New Matter Fall 2021, Volume 46, Edition 3
Content
- 2021 DC Delegation Report-July 20, 2021
- Federal Circuit Report
- I'M NOT "HUMAN" AFTER ALL: ARTIFICIAL INTELLIGENCE AND THE INVENTORSHIP REQUIREMENT
- Intellectual Property Section
- Ip and Art: An International Perspective
- Letter From the Chair
- Letter From the Editor-in-chief
- Ninth Circuit Report
- Non-enablement of Functional Antibody Claims
- Quarterly International Ip Law Update
- Table of Contents
- The Licensing Corner
- The Race To the Courthouse Just Got a Little Easier For Accused Infringers
- Trade Secrets
- Ttab Decisions and Developments
- Fair Use, Art Appropriation, Transformation, Equity Justice and Cultural Equity Under the Constitution: Andy Warhol Foundation V. Goldsmith
FAIR USE, ART APPROPRIATION, TRANSFORMATION, EQUITY JUSTICE AND CULTURAL EQUITY UNDER THE CONSTITUTION: ANDY WARHOL FOUNDATION V. GOLDSMITH1
Alexandra Darraby
Art Law Firm
SYNOPSIS
This article focuses on the constitutional basis and implications of equity justice in fair use analysis for the creative arts and introduces a related concept of cultural equity. Basic tenets of equity justice are neutrality, fairness, and impartiality.2 These related concepts of equity should be available and open to those who seek the benefit of the copyright clause in the U.S. Constitution. Efforts by the U.S. Copyright Office to provide alternative arenas for expedited and cost-effective resolution of infringement claims are consistent with this view, including the Copyright Alternative in Small-Claims Enforcement Act (CASE).3