2016 Artwork Derivative Work 
Kluwer Copyright Blog
JUNE 5, 2023
Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. However, such uses must be licensed or be held unfair.
Intellectual Property Law Blog
JUNE 5, 2023
Unbeknownst to Goldsmith, Warhol also created fifteen other works based on the photograph, including Orange Prince. In 2016, Vanity Fair licensed Orange Prince from AWF for the cover of their commemorative issue about Prince. 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14]
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IP Tech Blog
JUNE 2, 2023
When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use? Goldsmith, Andy Warhol not only used Ms.
Copyright Lately
MAY 22, 2023
The court’s limited ruling also means that museums displaying the artwork don’t need to worry that they’ll be served with injunction papers any time soon. Warhol used it to create the other Prince Series works. And AWF used it to license an image of Warhol’s Orange Prince to Condé Nast in 2016.
Kluwer Copyright Blog
AUGUST 7, 2023
In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine. Thus, guided by the principle of equality, copyright operates as a spectrum of creativity, where the level of protection granted to a work corresponds to its level of originality. [2]
LexBlog IP
JUNE 2, 2023
When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Plainly the Warhol “Orange Prince” was a derivative work, but was there something about it that could support a finding of fair use?
LexBlog IP
MAY 19, 2023
However, Andy Warhol would go on to create 15 additional works using the Goldsmith photograph, now known as the artist’s “Prince Series.” This ownership interest in the creative work is balanced with the general public’s need to access the creative arts and exercise First Amendment rights. .”
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