JARON SCHNEIDER, PetaPixel; Supreme Court Rules Andy Warhol’s Prince Art is Copyright Infringement
"Breaking Down the Ruling
Both the National Press Photographers Association (NPPA) and the ASMP are celebrating the ruling as a win for photographers.
“The importance here cannot be overstated,” Thomas Maddrey, Chief Legal Officer and Head of National Content and Education at ASMP, says.
“The last case that the US Supreme Court fully opined on transformation and fair use was more than 25 years ago in Campbell v. Acuff-Rose. Here, the Court has added much needed guidance to when a use is truly ‘fair’ and when it is an impermissible usurpation of the rights of the copyright holder.”
Maddrey says that the case will likely have wide-ranging implications in not only the arts community, but also across all intellectual property areas.
“Copyright practitioners have long sought clarification on what “transformation” actually means in the context of a fair use analysis.”
'The court has clearly identified the boundaries of what constitutes transformation in the context of fair use analysis.""
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