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A Review of the Copyright Fair Use Landscape One Year After Warhol

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Roman Swoopes, Allyson Bennett, and Mark Marciszewski published an article in Bloomberg Law that explored the impact of the Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith decision on the shifting fair use landscape in visual arts, software, and documentary films.

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Roman Swoopes, Allyson Bennett, and Mark Marciszewski published an article in Bloomberg Law that explored the impact of the Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith decision on the shifting fair use landscape in visual arts, software, and documentary films.The authors discussed the decision and how it ended up changing the course of several fair use cases such as Sedlik v. Drachenberg, Teradyne, Inc. v. Astronics Test Systems, Inc., and Whyte Monkee Productions, LLC v. Netflix, Inc.Read the <a href="https://url.us.m.mimecastprotect.com/s/6iT4CzpxQASMYp3k1F4gLhb?domain=bloomberglaw.com" target="_blank">full article</a>.

A Review of the Copyright Fair Use Landscape One Year After Warhol

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Roman Swoopes is head of the litigation department for Morrison Foerster’s Palo Alto office. He focuses his practice on patent, copyright, and trade secret litigation and counseling. He represents clients in industries including computer software, hardware, and peripherals, data storage, digital imaging, consumer electronics, music, and graphic design. In a case the court dubbed the “World Series of IP Cases,” Roman successfully argued in court against partial summary judgment on a copyright claim and in support of a favorable claim construction at a Markman hearing. He has represented clients at intellectual property trials, where he worked closely with expert witnesses. Roman has considerable experience in the areas of copyrightable and patent-eligible subject matter for software. He has also represented clients in disputes involving open source software licenses, such as the GNU General Public License (GPL).In 2022 Roman was recognized as a “Lawyer on the Fast Track” as part of The Recorder’s California Legal Awards for his patent and copyright practice.  Roman was also profiled in 2020 by Bloomberg Law for its “They’ve Got Next” series which spotlights young lawyers who are raising the bar in their practices.Roman served as a law clerk to the Honorable Raymond T. Chen of the U.S. Court of Appeals for the Federal Circuit and to the Honorable Ronald M. Whyte of the U.S. District Court for the Northern District of California. Prior to law school, he worked at Accenture, one of the world’s largest information technology consulting companies.Roman received his J.D. from Stanford Law School. He received his bachelor’s degree in electrical engineering and computer science from Harvard University.Roman is admitted to practice in California and before the U.S. Patent and Trademark Office.

Roman Swoopes

Partner

Mark Marciszewski is an associate in Morrison Foerster’s Intellectual Property Litigation Group, with a focus on entertainment, media, fashion, and technology matters. Prior to joining Morrison Foerster, Mark was an associate with the boutique IP firm, Durie Tangri. He also clerked for the Honorable Anne T. Berton of the Western District of Texas. Mark has published six law review articles focusing on novel issues of copyright and antitrust law within the entertainment, media, and technology industries.Mark earned his J.D. from the University of Virginia School of Law, where he served as an articles development editor for the Virginia Sports & Entertainment Law Journal and on the submissions review board for the Journal of Law & Politics. Mark was also an executive board member of the Virginia Sports & Entertainment Law Society. During law school, Mark externed at National Public Radio, where he provided pre‑broadcast and pre-publication review and fair use determinations for various NPR journalists and media teams.Mark received a B.S., magna cum laude, in psychology from the University of Central Florida, with a certificate in behavioral forensics.Mark is admitted to practice in California and Florida.

Mark Marciszewski

Associate

Copyright

Patent Litigation