article thumbnail

Supreme Court Rules adaption of Warhol print not “fair use”

Indiana Intellectual Property Law

Supreme Court has ruled that Andy Warhol’s orange silkscreen portrait of musician Prince, adapted from a photograph by Lynn Goldsmith, does not qualify as “fair use” under copyright law. The commercial nature of the copying further weighed against fair use.

article thumbnail

SCOTUS Rules Andy Warhol’s Prince Portraits Are Not Fair Use

The IP Law Blog

In a closely watched copyright case, the U.S. Supreme Court ruled Thursday that Andy Warhol’s portraits of music legend Prince did not qualify as fair use under copyright law. However, the majority rejected this argument, stating that the new expression alone did not determine the purpose or character of the copying use.

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

Paramount Flies Clear of Copyright Turbulence in “Top Gun” Lawsuit

Copyright Lately

A federal court has shot down a copyright infringement lawsuit claiming that Top Gun: Maverick flew too close to a 1983 magazine article that inspired the original film. But as the Yonay case shows, producers should be aware that paying once could land you in the danger zone if you don’t pay again, whether warranted or not.

article thumbnail

The Art Critic’s Role in Fair Use

Patently-O

Although Warhol is dead, his art, legacy, copyrights, and potential copy-wrongs live on. As part of that process, VF obtained a license from Goldsmith, but only for the limited use “as an artist’s reference in connection with an article to be published in Vanity Fair Magazine.” by Dennis Crouch. Andy Warhol Foundation v.

Fair Use 117
article thumbnail

No Fair Use for Warhol Prince Photo

LexBlog IP

SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. If you would like a consultation about your copyright, please feel free to contact us.

article thumbnail

Why Emerging Life Science Companies Must Address Copyright Compliance

Velocity of Content

Ignoring Copyright is Risky Business Research in the life sciences depends in part on the ability to acquire and share scientific information, particularly journal articles, in a timely manner. In the United States, Sci-Hub has been sued twice for copyright infringement and lost both cases.

article thumbnail

Use of Warhol’s Prince Image Found Not to Be Sufficiently Transformative for Fair Use 

LexBlog IP

Goldsmith was whether or not Warhol’s use of Goldsmith’s photograph as a reference and departure point for the creation of an image of Prince constituted fair use or copyright infringement under U.S. copyright law. Copyright law in the U.S. copyright law.