(L-R)Andrew Costa(L) and Nicole D. Galli(R) of ND Galli Law. Courtesy photos Transforming the Fair Use Doctrine? Highlights From 'Warhol Foundation v. Goldsmith'
Lynn Goldsmith sought to portray Prince realistically, showing his discomfort and vulnerability, his humanity; whereas Warhol's portrayals are intended to show Prince as an icon, a larger-than-life figure, beyond an ordinary human. Is this difference enough to be transformative however? Only the Supreme Court knows, and only time will tell.
December 19, 2022 at 01:47 PM
14 minute read
"Fair use," originally a judge-made doctrine, is a statutory defense to copyright infringement. The test for "fair use," articulated in Section 107 of the Copyright Act (17 U.S.C. Section 107), includes four key factors: the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.
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