The Briefing – Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)
Published: June 29, 2021
In this week’s episode, Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundation.
In the second episode of this two-part series, they discuss an update in the case.
View episode one on the Briefing YouTube channel, here.
An audio version of this episode can be found on “The Briefing from the IP Law Blog” podcast, available on Apple/Spotify/Stitcher/Google platforms or online here.
Production Note: This episode includes a discussion of the high-profile litigation between the artist Shepard Fairey and the Associated Press over Fairey’s iconic “Hope” poster of then-presidential candidate Barack Obama. Throughout the episode, Scott and Josh mispronounce Fairey’s last name as “Farley.” They offer apologies to viewers and to the artist.