Fair Use and Andy Warhol: The Line Between Appropriation, Copying, and Inspiration Is Not Clear

Katie and Steve finally tackle the evolving area of fair use as a defense to copyright infringement with Luke Nikas, attorney for the Andy Warhol Foundation and Partner at Quinn Emanuel. Luke represents the Foundation in its ongoing litigation with photographer Lynn Goldsmith about Warhol's use of Goldsmith's photograph of the artist Prince as an artist study for a series of screen prints. Goldsmith claims Warhol infringed her copyright in the original photograph. The Warhol Foundation says Warhol's use of the photograph is fair use under the Copyright Act. The trial court agreed with the Warhol Foundation and the Second Circuit recently agreed with Goldsmith. Katie, Steve, and Luke discuss this complicated area of law and how artists navigate (or don't) around it.

 

Notes for this episode: http://artlawpodcast.com/2021/05/03/fair-use-and-andy-warhol-the-line-between-appropriation-copying-and-inspiration-is-not-clear/

 

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