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] It found that all four fair use factors weighed against fair use. [12] Controversy” [8] : The Litigation.

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Fair Use Derivative Work Art Licensing 97

The Art Law Blog

MARCH 27, 2021

On this reading, there's still no way to have any confidence about how any given fair use case will be decided." That would have been a big deal in fair use jurisprudence. There's no support in the Second Circuit opinion for that second reading, so we're back to the first: these Judges saw this particular use differently.

Fair Use 40

Fair Use Art Marketing Marketing 40

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.

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Litigation Intellectual Property Art Fair Use 52