Second Circuit Reverses Fair Use Decision - Holds Warhol Foundation Infringed Lynn Goldsmith's Photo
By Joel L. Hecker On March 26, 2021, in a much-anticipated decision, the 2nd Circuit reversed the Southern District of New York decision, which found that Andy Warhol's creation of 16 silkscreen prints and pencil illustrations of the musical artist Prince, which was based upon a 1981 photograph created by photographer Lynn Goldsmith, was fair use under the United States Copyright Act. The case is The Andy Warhol Foundation for the Visual Arts v. Lynn Goldsmith and Lynn Goldsm