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The Copyright Act › Substantially Similar

ArentFox Schiff

A Blow to Pop Art: Andy Warhol’s Prince Series Not a 'Fair Use' of Lynn Goldsmith’s Photograph

ArentFox Schiff on

The Second Circuit recently held that artist Andy Warhol’s use of Lynn Goldsmith’s photograph of the musician Prince (the “Goldsmith Photograph”) to create fifteen new unauthorized silkscreen and pencil artworks (the “Prince...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?

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

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

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