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Warhol Infringement of Prince Photo Appealed to Supreme Court

Dec. 9, 2021, 11:17 PM

The Andy Warhol Foundation asked the U.S. Supreme Court to reverse a Second Circuit ruling that Warhol art used on a magazine cover infringed a photo of Prince.

The foundation said the decision flouts high court fair use guidance and would chill artistic expression with the threat of “draconian consequenses” for creations deriving inspiration from other works.

The U.S. Court of Appeals for the Second Circuit’s March ruling reversed a lower court’s finding that a 2016 Vanity Fair cover featuring Warhol’s work was a fair use of Lynn Goldsmith’s 1981 photo.

The petition prolongs a long-running dispute over the boundaries ...