Warhol Foundation Asks 2nd Circ. To Nix Fair Use Ruling

Law360 (April 23, 2021, 7:14 PM EDT) -- The Andy Warhol Foundation is pressing the Second Circuit to overturn the group's high-profile copyright loss last month, citing the U.S. Supreme Court's blockbuster ruling in Google v. Oracle.

In a petition Friday, the foundation urged the full appeals court to reconsider a ruling last month that Warhol had infringed an image of the singer Prince when he used it to create a series of stylized artworks. In that ruling, the court said Warhol had not made a legal fair use of the original photos.

Warhol's foundation warned that the court had created a "circuit split on an issue of exceptional...

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