The Briefing – Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)

by Scott M. Hervey, Josh H. Escovedo
The IP Law Blog

In this week’s episode, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week’s episode, which 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. That decision overturned a lower court decision in favor of the Warhol Foundation.

This week, Scott and Josh discuss the possible impact of the Supreme Court fair use decision in Google LLC v Oracle America, Inc., including the Andy Warhol Foundation’s petition to the Second Circuit for review of the Goldsmith decision.

Watch the episode on YouTube at this link.

An audio version of this episode can be found on “The Briefing from the IP Law Blog” podcast, available on Apple/Spotify/Sticher/Google platforms or online here.