The Impact of Fair Use on the Market

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Andy Warhol had made a painting, a silk screen or some form of reproduction based on this photograph. His estate sold that licensed that photo to a magazine as part of an article about prints and the original photographer suit. The court really focused on the fourth factor, which is the impact on the market. And so if I read between the lines, I think this makes it a harder climb for companies who are scraping and training models on internet data to reuse fair use.

Today’s show:

Wilson Sonsini partner Adam Shevell joins Jason to discuss gaining access to datasets (1:10), fair use in copyright cases (6:29), and more!

Time stamps: (00:00) Wilson Sonsini partner Adam Shevell joins Jason (1:10) Gaining access to datasets, avoiding copyright infringement, and why IP is protected (6:29) The concept of fair use and when it applies (11:26) What new founders should pay attention to (14:59) The Github case (17:42) Proper strategy for getting permission (22:56) How startups get crushed with legal bills (23:32) The Andy Warhol supreme court case * Check out Wilson Sonsini: ⁠https://www.wsgr.com *

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