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ARTICLE · 08 JULY 2019

Andy Warhol's "Prince Series" Ruled Fair Use

Frankfurt Kurnit Klein & Selz PC
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So-called "appropriation art" is a common subject of copyright infringement disputes.

United StatesIntellectual Property

So-called "appropriation art" is a common subject of copyright infringement disputes. Is the use of another's artistic work to create a new work considered "transformative" (and thus likely fair use) or "derivative" (and thus infringement)? In the case of Andy Warhol's "Prince Series," the court found the former. According to the court in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, "The Prince Series works can reasonably be perceived to have transformed Prince from a vulnerable, uncomfortable person to an iconic, larger-than-life figure."

At issue was a photograph of the pop icon Prince taken by Lynn Goldsmith at her New York City studio on December 3, 1981 (the black-and-white photo above). That photograph--unpublished, but occasionally licensed--was used by Warhol to create the "Prince Series": sixteen distinct works based on the Goldsmith Prince photograph, comprised of twelve silkscreen paintings, two screen prints on paper, and two

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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