News & Analysis as of

Paintings Sculptures and Engravings Fair Use

Sullivan & Worcester

Look to the Purpose, not the Meaning—Supreme Court Rejects Warhol Foundation’s Fair Use Defense Against Lynn Goldsmith

Sullivan & Worcester on

The Supreme Court of the United States has issued its long-awaited ruling in the dispute between photographer Lynn Goldsmith and the Andy Warhol Foundation for the Visual Arts (AWFVA) on May 18, 2023. The Court held the...more

McDermott Will & Emery

Keeping “Fair Use” Fair: SCOTUS Says First Fair Use Factor Should Be Interpreted Narrowly to Protect Copyright Holders

McDermott Will & Emery on

The Supreme Court of the United States affirmed the US Court of Appeals for the Second Circuit’s decision, holding that the first factor in the fair use analysis favored photographer Lynn Goldsmith because the “purpose and...more

Miller Canfield

Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use

Miller Canfield on

For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more

Freeman Law

A Picture, A Painting, and A Prince: The Supreme Court Addresses the ‘Fair Use’ Doctrine

Freeman Law on

On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Snell & Wilmer

Andy Warhol, Prince, and the First Amendment: U.S. Supreme Court Grants Review of Questions Concerning “Fair Use” Under Copyright...

Snell & Wilmer on

The U.S. Supreme Court recently granted a petition for writ of certiorari to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. The Court will review a Second Circuit decision...more

Sunstein LLP

Warhol, Prince, and a Continued Narrowing of Copyright’s Fair Use Doctrine

Sunstein LLP on

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...more

Proskauer Rose LLP

Second Circuit Finds Andy Warhol’s Use of Prince Photograph Wasn’t All That Transformative After All

Proskauer Rose LLP on

For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - March 2021: Art Imitating Art?

The Second Circuit recently decided whether artist Andy Warhol’s series of silkscreen prints and pencil illustrations titled “Prince Series” was a fair use of photographer Lynn Goldsmith’s copyrighted photograph of musical...more

Proskauer - New Media & Technology

New York Court Finds Warhol Series to be Fair Use of Prince Photograph

Earlier this month, in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 17-cv-2532 (S.D.N.Y. July 1, 2019), a New York district court granted the Andy Warhol Foundation for the Visual Arts’ (“AWF”)...more

Sullivan & Worcester

“Charging Bull” Sculptor Articulates VARA Complaint, But “Fearless Girl” Still Standing Firm

Sullivan & Worcester on

After a recent discussion about whether the new Fearless Girl sculpture by Kristen Visbal in Lower Manhattan might implicate the copyright of the earlier Charging Bull sculpture that has been there for nearly three decades,...more

Sullivan & Worcester

"Fearless Girl" Sculpture Near Wall Street Prompts Copyright Allegation That is More Bull than Bear

Sullivan & Worcester on

The sudden appearance near Wall Street on March 8, 2017 of The Fearless Girl, a bronze life-sized depiction of a roughly ten-year old girl staring defiantly at the famous Charging Bull sculpture has prompted headlines...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide