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, Fed Appeals 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 original version of this story was published on New York Law Journal
In a case that has garnered significant interest for its possible effect on thousands of works that the Pittsburgh-based Andy Warhol Foundation for the Visual Arts has licensed across the globe, a federal appeals court has ruled that the famed artist did not make "fair use" of a photographer's copyrighted image of the iconic musician Prince.
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