Sat.Mar 27, 2021

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2nd Circuit delivers devastating blow to appropriationists

Clancco

Images at issue. We conclude … that all four factors favor [Lynn] Goldsmith and that [Warhol’s] Prince Series works are not fair use as a matter of law. We further conclude that the Prince Series works are substantially similar to the Goldsmith Photograph as a matter of law. Here’s my take. The 2nd Cir ruled that if the secondary work serves the same purpose as the first, in our case, both as works of visual art, and if the dominant component of the copyrighted works remains in the seconda

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"Aren’t we still, basically, in the dark?" (UPDATED 3X)

The Art Law Blog

That's how I ended my post on the Second Circuit's Prince-Cariou decision, back in 2013. After yesterday's decision in the Warhol-Goldsmith case, I'm afraid we're more in the dark than ever. In my initial post on the District Court decision in the case, I said there were two ways to look at it. One was that " this Judge saw this particular use as transformative.