Warhol, Prince, and a Continued Narrowing of Copyright’s Fair Use Doctrine
By EsqSocial Corporation 07/05/21
In a decision last month, the Second Circuit Court of Appeals continued its recent trend of narrowing the fair use defense in copyright cases. The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith involved a series of prints created by the legendary artist—based on a photograph of the musical icon Prince—and considered whether these prints were “sufficiently transformative” to constitute fair use. In 1981, celebrity photographer Lynn Goldsmith took several photos of the...
By: Sunstein LLP