LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

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Fair Use Artwork Intellectual Property Copyright Law 52

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] Goldsmith counterclaimed for copyright infringement. 4] ), and issued a new decision in which it reached the same result. [5].

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