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Warhol Foundation Says Google Win Undercuts Photo Ruling (1)

April 23, 2021, 9:04 PMUpdated: April 26, 2021, 7:56 PM

The U.S. Supreme Court’s fair use ruling in Google v. Oracle undercut a recent Second Circuit decision that Andy Warhol’s art wasn’t fair use of a photograph, the Andy Warhol Foundation said in a petition asking the full Second Circuit to rehear the case.

The high court ruling is “irreconcilable” with a U.S. Court of Appeals for the Second Circuit panel finding 10 days earlier that Warhol’s art infringed a photograph of Prince, the foundation said in its petition. The panel’s approach would have far-reaching consequences and “threatens to render unlawful large swaths of contemporary art,” it argued.

The outcome ...