Art Law, Copying and Fair Use - Intellectual Property Pulse

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

LexBlog IP

FEBRUARY 28, 2022

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] It found that all four fair use factors weighed against fair use. [12]

Fair Use

Fair Use Derivative Work Art Licensing

No Fair Use for Warhol Prince Photo

LexBlog IP

MAY 24, 2023

Warhol’s use of Prince’s photo (taken by Lynn Goldsmith) was not entitled to fair use. The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. I am not so sure. Take a look a the illustration above.

Fair Use

Fair Use Artwork Intellectual Property Copyright Law

Warhol and Prince: Good Artists Borrow, Great Artists…Litigate

LexBlog IP

JUNE 27, 2023

adopting that posture of indifference, the majority does something novel (though in law, unlike in art, it is rarely a good thing to be transformative).” The decision has been both decried as an assault on the future of art and hailed as a major vindication for photographers. ’” Take that.

Litigation

Litigation Intellectual Property Art Fair Use

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

No Fair Use for Warhol Prince Photo

Warhol and Prince: Good Artists Borrow, Great Artists…Litigate

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