098 - Fair Use or Infringement? Exploring Intellectual Property and Photography

Intellectual property and copyright laws are something that should interest anyone who is involved in the photography industry. The digital age has made it easier and easier for artistic work to be disseminated and copied.  In recent years, theSupreme Court has been hearing more and more intellectual property cases and this week they sent down a decision ruling against the Andy Warhol Foundation in a copyright infringement case versus photographer Lynn Goldsmith. However, does the decision make the sometimes murky waters of 'fair use' and 'transformative' works any clearer? What will the impact of the ruling be? What should photographers know about intellectual property law and copyright infringement? You can click here to check out the SCOTUS decision, which includes Justice Kagan's dissenting opinion complete with visual examples and references to other art forms to clarify her points. About My Guest Jessica Silbey is a professor of law at Boston University. She teaches and writes in the areas of intellectual property, constitutional law, and law and the humanities. In her book, Against Progress: Intellectual Property and Fundamental Values in the Internet Age, "Professor Silbey considers intellectual property debates in law and culture as a bellwether of changing social justice needs in the 21st century. The book argues that intellectual property law is becoming a central framework through which to discuss essential socio-political issues, extending ancient debates over our most cherished constitutional values, refiguring the substance of "progress" in terms that demonstrate the urgency of art and science to social justice today." Promos Siteground Website Hosting - https://nerdyphotographer.com/recommends/siteground Free 30 day trial of Audible - https://audibletrial.com/nerdyphoto Get Social With Us! Instagram - https://instagram.com/thenerdyphoto Tiktok - https://tiktok.com/@thenerdyphoto Twitter - https://twitter.com/thenerdyphoto Facebook - https://facebook.com/NerdyPhotographer Reddit - https://www.reddit.com/user/thenerdyphoto Support the Podcast There are many ways you can support The Nerdy Photographer Podcast: Subscribe on your favorite podcast platform! Use our affiliate link to buy from Amazon - if you are going to be there anyway, help us out Shop our store for photography resources - from contracts to prompts and more! Buy Nerdy Photographer merchandise - this stuff makes you look both cool and nerdy! Make a Donation - just because you want to show us how much you care Share Your Thoughts With Us! Want to weigh in on this topic? Or perhaps tell us what you would like to hear covered on a future episode? Leave us a voice message at https://nerdyphotographer.com/contact and tell us what you think!