Pia, tell us some more about kind of what the arguments are on both sides. And the issue at the Supreme Court was all about purpose and character of the use and whether it was transformative, which is, oh, scary to me because the last time Supreme Court addressed this was 1994. And in, in the Second Circuit Court of appeals, they reversed and said, Nope, it was not a fair use. But later on they, they, he had another reproduction and he did not have permission, and he claimed fair use. Um, the photograph of this famous photographer who took a photo of Prince, and he originally had, had permission through licensing to use the photo for an inspiration in a magazine article. Of course, it started below and in the lower court, um, the Warhol Foundation had one on its fair use claims where Andy Warhol borrowed, I say borrowed in a nice way. So this is a really fun case that is up at the Supreme Court. There is a very exciting case involving the Andy Warhol Foundation and a photographer and the late great singer Prince. So if you haven’t been paying attention, let’s get you up to speed. And I’m looking forward to our discussion because a lot’s been happening lately. Pia: I think you said, I think your tone certainly reflects my, my feelings on the subject. Sara: Think I, I think I said that in a nervous tone, , Pia: I am, I’m not afraid to admit that I am a bit nervous about this case. I keep forgetting, we’re coming up on the 10th anniversary, and this is a really interesting time p to be talking about fair use because as we know, the Supreme Court is addressing transformative fair use right now. And so Fair Use Week is designed to promote and, uh, inform people about that. And so we were discussing how wonderful it would be to set some time aside each year to acknowledge fair use, why it’s significant in our everyday lives, and promote it to everyone so that we can take up the banner and protect this, right? Because I know that it’s an affirmative defense in terms of the Copyright Act, but there are things we can do under fair use, and we, we use fair use every day. I’m truly excited about that, but it is the result of a, a meeting of librarians back in 20 12, 20 13, and we were talking about the significance of fair use and not only how important it is to academics and scholars, but to everyone, to, to artists, to people every day who create content, everyone. Fair Use Week is, first of all, it’s so wonderful that it’s, we’re coming up on a 10 year anniversary in February, 2023. Sara: So if you didn’t know, Pia is a law librarian at the University of Illinois College of Law and a founder of Fair Use Week. I am so excited to bring you the wonderful Pia Hunter. Sara: Welcome to a live recorded episode of Copyright Chat today. In 2013, she led the initiative to create Fair Use Week, an annual celebration that highlights the fair use doctrine and its significance to artists, students, faculty, librarians, journalists, and all users of copyrighted content. Prior to joining the law library faculty, she served as Visiting Assistant Professor and Copyright and Reserve Services Librarian at the University of Illinois at Chicago (UIC) where she researched and developed best practices for copyright and fair use for instruction for the UIC campus. from the University of Illinois College of Law and a Master of Science from the School of Information Science at the University of Illinois. Hunter is a Teaching Associate Professor at the University of Illinois College of Law and the Associate Director for Research and Instruction at the college’s Albert E. You can listen to the oral arguments yourself here: Subscribe: Apple Podcasts | Google Podcasts | Stitcher Download file | Play in new window | Duration: 30:26 | Recorded on November 18, 2022
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