LexBlog IP

FEBRUARY 28, 2022

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] Vanity Fair , in turn, commissioned Warhol to make a silkscreen using Goldsmith’s photograph. He did just that.

Fair Use 97

Fair Use Derivative Work Art Licensing 97

LexBlog IP

JUNE 27, 2023

adopting that posture of indifference, the majority does something novel (though in law, unlike in art, it is rarely a good thing to be transformative).” The decision has been both decried as an assault on the future of art and hailed as a major vindication for photographers. ’” Take that.

Litigation 52

Litigation Intellectual Property Art Fair Use 52

The Art Law Blog

MARCH 27, 2021

On this reading, there's still no way to have any confidence about how any given fair use case will be decided." That would have been a big deal in fair use jurisprudence. There's no support in the Second Circuit opinion for that second reading, so we're back to the first: these Judges saw this particular use differently.

Fair Use 40

Fair Use Art Marketing Marketing 40