2nd Circ. Says Andy Warhol's Prince Series Isn't Fair Use

By Bill Donahue (March 26, 2021, 5:45 PM EDT) -- The Second Circuit ruled Friday that a decades-old series of Andy Warhol prints of music legend Prince had infringed the copyrighted photograph on which they were based, overturning a lower court judge who had declared Warhol's works a legal fair use.

In a ruling that will be closely read by copyright attorneys and visual artists, the court reversed a 2019 ruling that Warhol's work constituted a so-called transformative use — a key consideration when weighing whether someone has made fair use of a copyrighted work.

The lower judge had ruled that Warhol transformed the image from a "vulnerable, uncomfortable person" into...

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