Timothy J McFarlin, ‘Infringing Uses, Not Works’, 76 South Carolina Law Review 103 (2024). In Andy Warhol Foundation for the Visual Arts Inc v Goldsmith, the Supreme Court considered whether the licensing of one of Andy Warhol’s Prince Series works for the purpose of illustrating a magazine story about the musician Prince, was a fair use of the Lynn Goldsmith photograph on which the Warhol work was based. In that opinion, the Court made two important interventions into the law of fair use. First, the Court held that ‘[t]he fair-use provision, and the first statutory factor in particular, requires an analysis of the specific use of a copyrighted work that is alleged to be an infringement’ … (more)
[Christopher J Sprigman, JOTWELL, 14 April 2025]
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