Lynn Goldsmith's photo of Prince courtesy of the court filings, left, Andy Warhol's "Orange Prince," courtesy of Wikicommons, right. Warhol's Use of Prince Image Was Not 'Fair Use,' Infringed Photographer's Copyright, 2nd Circuit Panel Rules
The Second Circuit cautioned judges in such cases against trying to "assume the role of art critic" by seeking to ascertain the intention or meaning of the works at issue.
March 26, 2021 at 05:39 PM
5 minute read
The U.S. Court of Appeals for the Second Circuit said Friday that Andy Warhol did not make "fair use" of a photographer's copyrighted image of the iconic musician Prince, in a ruling that fine-tuned the court's precedent relating to transformative works and cautioned trial judges to refrain from the role of art critic.
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