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ARTICLE · 12 APRIL 2021

The Second Circuit "Clarifies" (?) Transformativeness In Fair Use Cases Involving Visual Works: The Andy Warhol Foundation Vs. Goldsmith

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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Andy Warhol must be rolling over in his grave - a grave that is viewable 24-7 via this webcam. (Something, no doubt, that would have delighted the artist.)

United StatesIntellectual Property

Andy Warhol must be rolling over in his grave - a grave that is viewable 24-7 via this webcam. (Something, no doubt, that would have delighted the artist.)

On March 26th, a panel of the Second Circuit issued a decision finding not only that Warhol's unauthorized use of a photo taken by photographer Lynn Goldsmith to create a series of portraits of pop-icon Prince did not qualify as fair use as a matter of law, but also that Warhol's series was substantially similar to (and infringed upon) the plaintiff's photograph as a matter of law. #smackdown.

This timeline provides the pertinent facts of the dispute among Goldsmith, her photo agency Lynn Goldsmith, Ltd ("LGL"), and the Andy Warhol Foundation ("AWF" or the "Foundation"):

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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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