Supreme Court to Consider Warhol Painting of Prince in Copyright Case
October 11, 2022
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0:12Now PlayingSupreme Court to Consider Warhol Painting of Prince in Copyright Case
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as posted by the channelAndy Warhol once said “Art is what you can get away with.” Now a legal fight surrounding his prints of Prince threatens to upend the world of pop art as well as music, books and videos.
In a fight that has outlived both men, the US Supreme Court will consider whether Warhol was within his rights to create 16 images of the musician in 1984 using a copyrighted photograph of the musician. The case could reshape the fair-use defense to copyright infringement for follow-on works, affecting music, videos and books, as well as Warhol’s iconic art.
Both sides are emphasizing the potential stakes. The Association of American Publishers says expanding the fair-use defense could have a “catastrophic impact” on that industry, while representatives of the art community say the opposite result could have a chilling effect on artists and museums.
The case “is incredibly important to many, many people,” said Bruce Ewing, who co-chairs the intellectual property practice at Dorsey & Whitney in New York. “It has potential implications well beyond art. You’re talking about music, publishing, and many different types of creative industries.”
The showdown could draw the justices into an unfamiliar world, testing their eagerness -- and perhaps ability -- to assess differences between works of art or literature that share a common core.
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