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

The Nerdy Photographer Podcast

May 20 2023 • 35 mins

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."


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