Remove Art Law Remove Copying Remove Intellectual Property Remove Magazine
article thumbnail

Warhol and Prince: Good Artists Borrow, Great Artists…Litigate

LexBlog IP

In any case, the US Supreme Court has again confounded the legal world by upending expectations, if not years of precedent – though this time in the intellectual property arena. Goldsmith [1] also has the potential to upend long-held practices in the art world. .” Or maybe he took the phrase from someone else.

article thumbnail

No Fair Use for Warhol Prince Photo

LexBlog IP

The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. The Copyright Framework Copyright law is a legal framework that grants exclusive rights to creators and owners of original creative works.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Apples and Oranges: District Court Grants Maurizio Cattelan’s Summary Judgment Motion in Copyright Claim Against His Art Basel Banana

LexBlog IP

1] ; The claim, which the Hughes Hubbard Art Law blog first reported on in December 2022, [2] arose from an art installation Cattelan created for Art Basel Miami Beach in December 2019 that consisted of a banana duct-taped onto a white wall. [3] Morford’s claim is barred by the copyright doctrine of merger.

Art 52
article thumbnail

Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

Following Prince’s sudden and untimely death in 2016, the Warhol Foundation, successor to the copyright in the Prince Series, licensed to Condé Nast one of the Prince Series images for use in a commemorative magazine titled The Genius of Prince , which featured on its cover the image from the Prince Series. for Visual Arts, Inc.