“The US Supreme Court will hear argument in October in Andy Warhol Foundation v Goldsmith, in an appeal from the Second Circuit’s ruling that an Andy Warhol silk screen image published in Vanity Fair magazine and derived from a studio photograph by Lynn Goldsmith of the performer Prince was not a fair use because it was insufficiently ‘transformative’ of the source work and usurped Goldsmith’s market for licensing her photograph as an ‘artist reference’ (a licence Vanity Fair had taken when it originally published a Warhol Prince image based on Goldsmith’s photograph). The controversy pits claims to free artistic use of source works against those works’ creators’ (predominantly photographers’) ability to exploit markets for works based on their creations …” (more)
Jane C Ginsburg, ‘Does “transformative” fair use eviscerate the author’s exclusive right to “transform” her work?’, Journal of Intellectual Property Law and Practice, https://doi.org/10.1093/jiplp/jpac069. Published 23 July.
First posted 2022-07-25 07:45:16
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