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Prince, Prince, Prints: Will the Supreme Court Revisit Fair Use?

LexBlog IP

1] That decision shook the art world, as it seems to dramatically narrow the scope of the fair use doctrine, and raises doubts about the lawfulness of many existing works. [2] On March 26, 2021, the Second Circuit issued an opinion reversing the district court’s decision. 1183 (2021).

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U.S. Supreme Court Vindicates Photographer But Destabilizes Fair Use — Andy Warhol Foundation v. Goldsmith (Guest Blog Post)

Technology & Marketing Law Blog

Legal Background: Copyright and Derivative Works Copyright law protects original works of authorship, including “pictorial, graphic, and sculptural works,” 17 U.S.C. For obvious reasons, the copyright in a photograph does not include the right to publicly perform the copyrighted work.

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Does Transformative Matter? No, At Least Where Use Is Commercial

LexBlog IP

In a narrower sense, a use may be justified because copying is reasonably necessary to achieve the user’s new purpose.” “Such licenses, for photographs or derivatives of them, are how photographers like Goldsmith make a living. 4th 26, 32 (2021). ” Id. ” Id. Syllabus) at 4. . ” Slip Op.,