Tuesday, May 3, 2022

Most. Important. Copyright. Fair. Use. Case. Ever! JDSupra, April 13, 2022

Bruce EwingDorsey & Whitney LLP; JDSupra; Most. Important. Copyright. Fair. Use. Case. Ever!

"What makes Warhol Foundation arguably the most important fair use case of all time is that the holdings of Campbell and Google have been characterized as being limited to parody and software, respectively, and sometimes not applied in other contexts. But Warhol Foundation is a case in which one artist made alterations to the work of another to create a new work with a concededly different message. If that new work is deemed to be a fair use of the prior work as a matter of law, then the fair use defense is likely to be broadened significantly across a wide range of artistic categories and fact patterns."

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