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US Second Circuit Court of Appeals tames ‘transformative’ fair use; rejects ‘celebrity-plagiarist privilege’; clarifies protectable expression in photographs

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  • Jane C Ginsburg

Abstract

Andy Warhol Found for the Visual Arts, Inc v Goldsmith, 992 F.3d 99 (2d Cir 2021)The Second Circuit reversed the SDNY’s grant of summary judgment that Andy Warhol’s silk screen adaptation of a photographic portrait of entertainer Prince was a fair use; the 2d Circuit’s decision retreats both from its prior caselaw’s generous characterization of artistic reuse as ‘transformative’, and from the outcome-determinacy of a finding of ‘transformativeness’. The court also provided an important explanation of copyrightable authorship in photographs.

Suggested Citation

  • Jane C Ginsburg, 2021. "US Second Circuit Court of Appeals tames ‘transformative’ fair use; rejects ‘celebrity-plagiarist privilege’; clarifies protectable expression in photographs," Journal of Intellectual Property Law and Practice, Oxford University Press, vol. 16(7), pages 638-646.
    • Handle: RePEc:oup:jiplap:v:16:y:2021:i:7:p:638-646.
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    File URL: http://hdl.handle.net/10.1093/jiplp/jpab094
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