Bloomberg Law
March 26, 2021, 8:10 PMUpdated: March 26, 2021, 11:39 PM

Warhol ‘Prince Series’ Not Fair Use of Photo, 2nd Cir. Says (1)

Kyle Jahner
Kyle Jahner
IP Reporter
Christopher  Yasiejko
Christopher Yasiejko
Bloomberg Editorial

A series of Andy Warhol’s art based on a photo of the musician Prince isn’t fair use, the Second Circuit said as it reversed a lower court Friday.

All factors considered in a fair use analysis favored Lynn Goldsmith, who took the posed photo of Prince in 1981, the U.S. Court of Appeals for the Second Circuit said. A New York federal court wrongly found the art transformative in granting summary judgment to the Andy Warhol Foundation for the Visual Arts Inc., the court said in remanding the case.

The opinion granted a huge win to photographers, while dealing a ...