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.
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] It found that all four fair use factors weighed against fair use. [12] Originals” [7] : The Works at Issue.
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Art Law Journal
OCTOBER 24, 2018
Fair use is a common art law issue that arises for artists. Here, we review the College Art Association's Code of Best Practices in Fair Use for the Visual Arts. Nicole Martinez.
Art Law Journal
JULY 31, 2020
Knowing more about copyright and fair use will help you determine what is yours to use and what is off limits. Nicole Martinez.
The Art Law Blog
APRIL 4, 2021
I think the principle in the Second Circuit is that there will be a finding of fair use, as a matter of law, when the use in question is fair, and, conversely, there will be a finding of no fair use when the use in question is not fair. All crystal clear.
LexBlog IP
APRIL 18, 2022
Supreme Court recently granted a petition for writ of certiorari (docket, here ) to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. The district court granted summary judgment in the Foundation’s favor, holding that Warhol’s work constituted fair use.
The Art Law Blog
APRIL 26, 2021
Jeanne Fromer's reaction to the recent Warhol fair use decision was that (to put the matter mildly) "fair use in art has become a bit messy in the Second Circuit with each panel pointing in a somewhat different direction" and to "hope the Second Circuit uses one of its rare en bancs to revisit this decision."
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