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Articles by Robert Labate
U.S. Supreme Court Holds That First Factor Of Fair Use Test Favors Photographer
Highlights In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend Prince without photographer Lynn Goldsmith's permission did not constitute fair use under the first factor of the fair use defense, relying largely on the fact that Warhol's use was not only for a similar purpose as the original, but was for a commercial purpose.
U.S. Supreme Court Holds That First Factor of Fair Use Test Favors Photographer | JD Supra
In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend and cultural icon Prince without photographer Lynn Goldsmith's permission did not constitute fair use under the first factor of the fair use defense, relying largely on the fact that Warhol's use was not only for a similar purpose as the original, but was for a commercial purpose.
U.S. Supreme Court Holds That First Factor of Fair Use Test Favors Photographer
Highlights In a 7-2 decision, the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith held that pop artist Andy Warhol's use of a photograph of late music legend Prince without photographer Lynn Goldsmith's permission did not constitute fair use under the first factor of the fair use defense, relying largely on the fact that Warhol's use was not only for a similar purpose as the original, but was for a commercial purpose.
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