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

The IP Law Blog

The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

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

LexBlog IP

The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

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Fair Use: Graham v. Prince and Warhol v. Goldsmith

LexBlog IP

5] Prince used both photographs in his New Portraits series, which featured works that Prince created by copying and magnifying posts from Instagram (including “likes” and user comments), then adding a comment of his own. Many derivative works. 3] Graham v.

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The Parody Exception: Revisiting the Case for a Distinct Pastiche Exception

Kluwer Copyright Blog

Articulating these three as distinct exceptions has its advantages, as evidenced in Emily Hudson’s 2017 article , which posits that delineating pastiche as a separate exception could infuse greater flexibility into the EU copyright system, akin to the concept of transformative use in U.S. The same holds true for parody and caricature.