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Wofsy v. de Fontbrune

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
22-531 9th Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether, under the first of the four copyright fair-use factors, a scholarly book that is “offered for sale” for use in academic and related settings is a commercial or non-commercial work; (2) whether, for purposes of the second fair-use factor, a work’s level of creativity is a distinct inquiry from whether that work is sufficiently original to be copyrightable, or whether a work that meets the threshold for copyrightability is automatically considered creative; and (3) whether, where a representational photograph is reproduced in its entirety because a partial photograph would not be a useful depiction of its subject, the third fair-use factor is neutral or weighs against fair use.

DateProceedings and Orders (key to color coding)
Dec 05 2022Petition for a writ of certiorari filed. (Response due January 9, 2023)
Jan 24 2023Reply of petitioners Alan Wofsy, et al. filed.