Andy Warhol’s use of Lynn Goldsmith's photo of Prince was not fair use, argues the United States Copyright Office (“USCO”).
Back in March, we reported on celebrity portrait photographer Lynn Goldsmith (“Goldsmith”), who alleged Andy Warhol’s (“Warhol”) famous images of musician Prince infringed on Goldsmith's intellectual property rights. The case is to be heard in the Supreme Court in October.
Earlier this week, the USCO submitted an opinion to the Supreme Court, claiming the previous decision which ruled in favour of Goldsmith should be affirmed. The opinion of the USCO is thought to have an impact on how the Supreme Court will rule.
Representatives for the Andy Warhol foundation claim the fair use defence “provides crucial protection to free artistic expression, including the transformative Warhol works at issue here”. Whatever the court decides, the decision will be extremely important for the future of fair use.
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