Bloomberg Law
Sept. 15, 2020, 5:56 PM

Warhol Foundation Pressed on Prince Photo Win by 2nd Cir. (1)

Kyle Jahner
Kyle Jahner
IP Reporter

Affirming a ruling deeming Andy Warhol renditions of a photo of Prince fair use could make it difficult to protect creators’ rights to derivatives of their work, a Second Circuit panel suggested during oral argument in a challenge to the decision.

Warhol made a series of 16 paintings and drawings based on Lynn Goldsmith’s 1981 photo. One, a painting, appeared in an issue of Vanity Fair in 1984. Images also appeared in 2016 after the singer-songwriter’s death in an online reprint of the article as well as on the cover of a Conde Nast special commemorative magazine.

While the U.S. ...

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