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ASMP — American Society of Media Photographers

BREAKING NEWS: Lynn Goldsmith Prevails in 2nd Circuit in Fair Use Dispute With Andy Warhol Foundation

By March 26, 2021Legal

This article will be updated regularly, but the ruling in the 2nd Circuit Court of Appeals was released this morning, holding that Andy Warhol’s use of ASMP member and world-renowned photographer Lynn Goldsmith’s photographs of Prince were NOT fair-use. You can see our past articles on this here.



Here’s what the court said (in summary):

We conclude that the district court erred in its assessment and application of the fair-use factors and that the works in question do not qualify as fair use as a matter of law. We likewise conclude that the Prince Series works are substantially similar to the Goldsmith Photograph as a matter of law. We therefore REVERSE the judgment of the district court and REMAND the case for further proceedings consistent with this opinion.

Judgment of the 2nd Circuit Court of Appeals (March 26, 2021)

Stay tuned…

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