IP Tech Blog

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Goldsmith et al, Case No.

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Intellectual Property Law Blog

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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LexBlog IP

JUNE 2, 2023

The main principle practitioners can derive from Goldsmith is that transformation alone is not enough render copying of a reference work “fair use.” Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?

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Kluwer Copyright Blog

AUGUST 7, 2023

In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine. Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2]

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LexBlog IP

MAY 19, 2023

However, Andy Warhol would go on to create 15 additional works using the Goldsmith photograph, now known as the artist’s “Prince Series.” This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. .”

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Copyright Lately

MAY 22, 2023

The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. But make no mistake, Warhol v. Goldsmith will be parsed and picked apart for years to come. “[T]he first fair use factor. “[T]he first fair use factor.

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LexBlog IP

JUNE 5, 2023

2] The Court’s decision affirmed the ruling of the Second Circuit Court of Appeals, which held that the Warhol work was derivative of the original, and noted that “the new expression may be relevant to whether a copying use has a sufficiently distinct purpose or character” but that factor was not dispositive by itself. [3]

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