Ruling Warhol Art Infringed Prince Pic Stands, 2nd Cir. Says (1)

Aug. 24, 2021, 3:10 PM UTCUpdated: Aug. 24, 2021, 8:03 PM UTC

The Second Circuit declined to alter its ruling that Andy Warhol art based on a photo of the musician Prince as used in a magazine wasn’t fair use after considering the U.S. Supreme Court’s subsequent decision in Google v. Oracle.

Lynn Goldsmith in March convinced the U.S. Court of Appeals for the Second Circuit that Warhol’s stylized version of her photo published in a magazine after the artist’s 2016 death didn’t transform the purpose of her 1981 photo. The court largely repeated that opinion Tuesday after asking Goldsmith to address the Andy Warhol Foundation’s argument that Google undermined the ...

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