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For nearly two decades, the “transformative use test” has been a staple of fair use analysis, and particularly in the Second Circuit. The Copyright Act, however, uses the word “transformative” not in the section on fair use but in defining derivative works. The distinction is critical: fair use is a complete defense to infringement, while creation of an unauthorized derivative work is itself infringement. Courts, practitioners, and creators alike have struggled to draw the line: when is a transformative use an infringing derivative work versus fair use?
In a recent decision, the Second Circuit took a step towards drawing that line with a little more clarity, finding pop artist Andy Warhol’s use of a copyrighted photograph of musician Prince in a series of prints was not “transformative” and did not constitute fair use.
Anne Beatts, Original S N L Writer, Dies at 74 nytimes.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from nytimes.com Daily Mail and Mail on Sunday newspapers.
Thursday, April 8, 2021
In a case spanning nearly 40 years of art and touching the estates of two of the world’s most well-known artists, the US Court of Appeals for the Second Circuit clarified its position on the application of the fair use doctrine and its protection of transformative works. In doing so, the Second Circuit reversed the district court’s finding of fair use and held that a series of prints and illustrations of the musical artist Prince created by the visual artist Andy Warhol were substantially similar to a 1981 portrait photograph of Prince taken by the photographer Lynn Goldsmith. The Court remanded for further proceedings.
U S Appeals Court Rules Andy Warhol Foundation Violated Copyright wealthmanagement.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from wealthmanagement.com Daily Mail and Mail on Sunday newspapers.
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For nearly two decades, the transformative use test
has been a staple of fair use analysis, and particularly in the
Second Circuit. The Copyright Act, however, uses the word transformative not in the section on fair use but in
defining derivative works. The distinction is critical: fair
use is a complete defense to infringement, while creation of an
unauthorized derivative work is itself infringement. Courts,
practitioners, and creators alike have struggled to draw the line:
when is a transformative use an infringing derivative work versus