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In Dialogue with Jonathan Band and Katie Zimmerman on the Ruling and Implications of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
Recorded on 11/17/2023
Posted in TIE Podcasts
This episode features Katie Zimmerman, Director of Copyright Strategy for the MIT Libraries, and Jonathan Band of policybandwidth, two legal experts who turn their attention to the recent Supreme Court case, Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. Decided in May 2023, this case explored issues of copyright and fair use through silkscreen prints by artist Andy Warhol, which he based on an image by photographer Lynn Goldsmith of the musician Prince. The Court sided with Goldsmith, arguing that the prints were not a valid form of fair use for copyrighted content, therefore raising concerns in the Galleries, Libraries, Archives and Museum (GLAM) community. In this episode, hosted by TIE Editor-in-Chief Alexia Hudson-Ward, the guests discuss the major implications of this ruling, paying particular attention to the impact on creativity detailed in the dissenting opinion. They also dig into the more puzzling components of the case’s journey through the court system, guidance for GLAM workers to avoid violating copyright law, and how this case might come into play regarding creative works generated by artificial intelligence.
About the guests:
Director of Copyright Strategy
Katie is the Director of Copyright Strategy for the MIT Libraries, where her role is to guide copyright decisions for use of library materials, negotiate content licenses, and help the Libraries and MIT community create and use copyrightable works to the fullest extent of the law. She has been with the MIT Libraries since 2016, and holds an M.L.I.S degree from the University of Pittsburgh and a J.D. from Harvard Law School.
Jonathan Band helps shape the laws governing intellectual property and the Internet through a combination of legislative and appellate advocacy. He has represented clients with respect to the drafting of the Digital Millennium Copyright Act (DMCA), the Stop Online Piracy Act (SOPA), and other federal and state statutes relating to intellectual property and the Internet. He complements this legislative advocacy by filing amicus briefs in significant cases related to these provisions.
Mr. Band has also represented clients in connection to the Marrakesh Treaty, the Anti-Counterfeiting Trade Agreement, the Trans-Pacific Partnership Agreement, and other international agreements.
Mr. Band’s deep substantive knowledge of the application of intellectual property law to information technology permits him to counsel clients on complex copyright issues. Mr. Band is an adjunct professor at the Georgetown University Law Center, and has written extensively on intellectual property and the Internet, including the books Interfaces on Trial, Interfaces on Trial 2.0, Interfaces on Trial 3.0, and over 100 articles. A full list of his publications and other professional activities is available at his website, policybandwidth.com.
In 2017, Mr. Band received the American Library Association’s L. Ray Patterson Copyright Award, which recognizes an individual who has supported the Constitutional purpose of the copyright law, fair use, and the public domain.
Mr. Band received a B.A., magna cum laude, Phi Beta Kappa, in 1982 from Harvard College, and a J.D. from Yale Law School in 1985. From 1985 to 2005, Mr. Band worked at the Washington, D.C., office of Morrison & Foerster LLP, including thirteen years as a partner. Mr. Band established his own law firm in May 2005.