How High Court May Tackle Fair Use In Warhol Case

By Benjamin Stern and Anuj Khetarpal (June 17, 2022, 5:38 PM EDT) -- It's been a year since the U.S. Supreme Court's decision in Google LLC v. Oracle America Inc., and much of the technology world had awaited the high court's guidance on the scope of copyright protection afforded to computer software.

The court, however, did not address the broader questions of copyrightability of computer software. Instead, its decision gave teeth to the fair use affirmative defense as a limitation on the scope of copyright protection for computer software.

In addition to other questions that remain in the wake of the Google decision, it remains to be seen whether the Supreme Court will extend...

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