A Tale of Two Princes

An important decision by the Second Circuit in The Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, Case No. 19-2420-cv (2d Cir. Mar. 26, 2021), has, in important respects, upended how the defense of fair use is applied in copyright cases, with potentially major ramifications that transcend the “appropriation art” with which Warhol is concerned. Indeed, in many respects, the Warhol decision, in which a series of works created by the late artist Andy Warhol based on photographs of...
By: Dorsey & Whitney LLP

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