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Case Summary
Andy Warhol Foundation for the Visual Arts v. Goldsmith
Andy Warhol Found. for Visual Arts, Inc. v Goldsmith No. 17-02532 (S.D.N.Y. Jul. 1, 2019); rev'd in part, vacated in part, remanded, No. 19-2420 (2d Cir. Aug. 24, 2021); aff'd, No. 21–869 2023, BL 169805 (S.Ct. May 18, 2023).
Précis
In this precedent setting case, with implications for appropriation art, the Andy Warhol Foundation for Visual Arts ("AWF") brought a declaratory judgment action claiming fair use against photographer Lynn Goldsmith, who alleged that the portraits in Andy Warhol’s Prince series infringed her copyright in a 1981 photograph of pop star Prince. The Second Circuit’s thoroughly-analyzed decision ruled in favor of the photographer. In its petition to the Supreme Court of the United States, the foundation argued that the decision conflicts with the precedent from both the Ninth Circuit and the Supreme Court, creating a circuit split. In a narrowly worded decision, the Supreme Court...
Associated Legal Decision(s)
Associated Statutes and/or Legislation
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