A Blow to Pop Art: Andy Warhol’s Prince Series Not a 'Fair Use' of Lynn Goldsmith’s Photograph

The Second Circuit recently held that artist Andy Warhol’s use of Lynn Goldsmith’s photograph of the musician Prince (the “Goldsmith Photograph”) to create fifteen new unauthorized silkscreen and pencil artworks (the “Prince Series”) was not fair use. This decision has significant implications for the legacy of Andy Warhol and The Andy Warhol Foundation for the Visual Arts (the “Warhol Foundation”), which, as Warhol’s successor, now controls his copyrights. While the court did not...
By: Arent Fox

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