Martin Flumenbaum and Brad S. Karp Turning the Tide in Fair Use Jurisprudence
Following sharp criticism by the Seventh Circuit for its broad application of the fair use defense, the Second Circuit's decision in 'Andy Warhol Foundation v. Goldsmith' turns the tide of fair use jurisprudence back toward a more even balance between creators of original works.
April 27, 2021 at 12:15 PM
7 minute read
In Andy Warhol Foundation for The Visual Arts v. Goldsmith, the U.S. Court of Appeals for the Second Circuit considered whether a series of silkscreen prints and pencil illustrations created by famed artist Andy Warhol, based on a 1981 photograph taken by Lynn Goldsmith of musical artist Prince, was subject to the fair use doctrine and therefore did not infringe Goldsmith's copyright. Circuit Judge Gerard Lynch authored the unanimous opinion of the panel, in which Circuit Judges Dennis Jacobs and Richard Sullivan each separately wrote a concurrence.
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