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Second Circuit Rules Prince Art is Copyright Infringement

Second Circuit Rules Prince Art is Copyright Infringement
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Artists Beware - Second Circuit Holds That Andy Warhol s Prince Series Is Not a Fair Use of Copyrighted Photograph | Bracewell LLP

 the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright owners. The Court held that Andy Warhol’s well-known “Prince Series” (fifteen silkscreen and pencil artworks) is not a “fair use” of the photograph that Warhol used as the source material for the series. The controversy in Goldsmith centers on a 1981 photograph of Prince taken by photographer Lynn Goldsmith. In 1984, Goldsmith’s agency licensed the photograph to Vanity Fair magazine for use as an artist reference. 2 Vanity Fair commissioned Andy Warhol to create an illustration of Prince for the magazine based on Goldsmith’s photograph. Unbeknownst to Goldsmith, however, Warhol also created a series of fifteen additional prints based on her photograph.

Warhol s Prince Series Not Fair Use of Copyrighted Photograph

Advertisement Artists Beware Second Circuit Holds That Andy Warhol’s “Prince Series” Is Not a “Fair Use” of Copyrighted Photograph Thursday, April 29, 2021 Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 1 the Second Circuit upset conventional thinking regarding the concept of “fair use” with wide ranging implications for artists and copyright owners. The Court held that Andy Warhol’s well-known “Prince Series” (fifteen silkscreen and pencil artworks) is not a “fair use” of the photograph that Warhol used as the source material for the series. The controversy in  Goldsmith centers on a 1981 photograph of Prince taken by photographer Lynn Goldsmith. In 1984, Goldsmith’s agency licensed the photograph to Vanity Fair magazine for use as an artist reference.

Why Andy Warhol s Prince Series, the Subject of a Long-Term Copyright Dispute, Should Be Considered Fair Use After All

Why Andy Warhol’s ‘Prince Series,’ the Subject of a Long-Term Copyright Dispute, Should Be Considered Fair Use After All Two legal experts explain why a recent U.S. Supreme Court ruling in favor of Google should inform the way courts think about art. April 27, 2021 The original Lynn Goldsmith photograph and Andy Warhol s Prince portrait of the musician, as reproduced in court documents. Last month, the U.S. Court of Appeals for the Second Circuit declared that a notable group of Andy Warhol paintings his famed “Prince Series” infringed the copyright of the photographer whose image served as the basis for the body of work. 

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