Intellectual Property Law

New Matter FALL 2023, VOLUME 48, EDITION 3

DARRABY GLIB NOTESâ„¢1 Andy Warhol Foundation Supreme Court Opinion: Highlights And Sound Bites

Alexandra Darraby

Art Law Firm

The U.S. Supreme Court in May 2023 affirmed the Second Circuit’s determination that the Andy Warhol Foundation’s licensing one Warhol image from the Warhol Prince series to a magazine commemorating the musician Prince was not fair use of defendant Goldberg’s copyrighted original photograph that she licensed to magazines for the same purpose.2The following are selected FAQs.

FAIR USE IS ABOUT USE, NOT USERS—IT’S NOT WHO COPIES BUT HOW THE COPYING IS USED

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