Andy Warhol Foundation Loses Court Case Over Fair Use

March 29th, 2021

The US 2nd Circuit Court of Appeals ruled on Friday that Andy Warhol did not make fair use of a Lynn Goldsmith’s portrait of Prince when he produced his own series of images of the musician. “The Prince Series retains the essential elements of its source material, and Warhol’s modifications serve chiefly to magnify some elements of that material and minimize others,” wrote Judge Gerald Lynch. “While the cumulative effect of those alterations may change the Goldsmith Photograph in ways that give a different impression of its subject, the Goldsmith Photograph remains the recognizable foundation upon which the Prince Series is built.”

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