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He is a Chef in the Scholarly Kitchen and has written and lectured extensively on the subjects of copyright, licensing, open access, artificial intelligence, metadata, text/data mining, new media, artists’ rights, and artlaw.
SCOTUS: No “Fair Use” Defense in Warhol Use of Prince Photograph SCOTUS found that Andy Warhol’s commercial use of Goldsmith’s photograph of Prince did not entitle the Foundation to a fair use defense to copyright infringement. If you would like a consultation about your copyright, please feel free to contact us.
Her 1981 black-and-white photo of Prince was used as the source for colored prints by Warhol, who in turn was commissioned to create a single work for a 1984 article about the musician in Vanity Fair magazine. [3] 3] Goldsmith received a small licensing fee for this use and was co-credited with Warhol in the magazine.
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] Goldsmith counterclaimed for copyright infringement. Originals” [7] : The Works at Issue. Controversy” [8] : The Litigation.
sent on June 9, 2023 by granting Italian artist Maurizio Cattelan’s motion for summary judgment in a copyright lawsuit fellow artist Joseph Morford brought against him in the Southern District of Florida. [1] Morford’s claim is barred by the copyright doctrine of merger. 22] The banana is a real banana. [23]
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