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Art Law Blog

Supreme Court Finds Warhol’s Commercial Licensing of “Orange Prince” to Vanity Fair Is Not Fair Use and Infringes Goldsmith’s Famed Rock Photo

By Ted Max & Joseph Ireland
May 26, 2023
Universal Image Supreme Court

On May 18, 2023, the United States Supreme Court ruled in favor of famed rock photographer Lynn Goldsmith against the Andy Warhol Foundation for the Visual Arts, Inc.’s (AWF),[1] in a long-awaited decision impacting fair use under Section 107(1)…

Close-Ups

The Supreme Court’s Warhol Ruling Makes Fair Use Defense Seem Even Riskier

By Linda J. Zirkelbach & Parker Zimmerman
May 26, 2023

Last week, the Supreme Court issued a long-awaited copyright fair use decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al. In short, the Supreme Court looked at whether it was fair use under the copyright law…

Commercial Litigation Update

Six Decisions, with Intellectual Property and Internet Communications Regarding Terrorist Activity at the Forefront – SCOTUS Today

By Stuart M. Gerson
May 22, 2023
SCOTUS-1280-720-Badges

The Supreme Court issued no fewer than six opinions on Thursday, May 18, addressing questions including whether an internet platform might be held liable as an aider and abettor of terrorist activity, and whether Andy Warhol’s famous alterations of photos…

Simple Justice

Does SCOTUS Get Art?

By Scott Greenfield
May 20, 2023

Technically, the question is whether Andy Warhol’s changes to LynnGoldsmith’s photograph of Prince was fair use, or a violation of copyright. To the consternation of dissenting justice Elena Kagan, the 7-2 majority went with the opinion written by Sonia Sotomayor…

SWIPLit Blog

Supreme Court Holds Specific Use of Warhol’s “Orange Prince” Not Fair Use

By David G. Barker
May 19, 2023

Yesterday, the Supreme Court held 7-2 that a specific use of Andy Warhol’s “Orange Prince” silk screen—based on a copyrighted photograph of Prince—was not fair use. In doing so the Court focused not solely on the “transformative use” aspect of…

Texas Law Blog

No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright

By Jessica Engler & Biz New Orleans
May 19, 2023

When award-winning photographer Lynn Goldsmith snapped a portrait of the artist formerly known as Prince for Newsweek in 1981, she could not have predicted the cultural and legal impact the pop legend’s portrait would have. In 1984, Vanity Fair sought…

Louisiana Law Blog

No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright

By Jessica Engler
May 19, 2023

When award-winning photographer Lynn Goldsmith snapped a portrait of the artist formerly known as Prince for Newsweek in 1981, she could not have predicted the cultural and legal impact the pop legend’s portrait would have. In 1984, Vanity Fair sought…

Everything IP Under One Digital Roof

No Free Use in the Purple Rain – U.S. Supreme Court Finds License of Andy Warhol’s “Orange Prince” Infringes Photographer’s Copyright

By Jessica Engler
May 19, 2023

When award-winning photographer Lynn Goldsmith snapped a portrait of the artist formerly known as Prince for Newsweek in 1981, she could not have predicted the cultural and legal impact the pop legend’s portrait would have. In 1984, Vanity Fair sought…

Russell Law Blog

US Supreme Court: Warhol Foundation’s Use of Prince Photograph Not Fair Use

By Elizabeth Russell
May 18, 2023

In 1981 Andy Warhol used a photograph made by Lynn Goldsmith as reference for an illustration of the musician Prince. Vanity Fair magazine had hired Warhol to make the illustration; it was to accompany an article about Prince in the…

Future Lawyer

St. Pete Becomes One Of The Top Ten Places To Visit.

By rickgeorges
October 7, 2020
https-assets-feedblitz-com-i-googleplus20-png
St Pete Named Top Ten City By Conde Nast. When I began law school in 1969, St. Petersburg was filled with green benches, and was known as a retiree haven. In the Twenties, it became a winter refuge for northerners

…

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