United States: U.S. Supreme Court’s Andy Warhol Decision Keeps “Fair Use” Questions Alive

Joe Gratz spoke to Reuters about the U.S. Supreme Court’s long-awaited ruling in a case about Andy Warhol’s art and how it may have raised as many questions as it answered about the controversial copyright doctrine of fair use.

The majority decision says courts weighing fair use should ask if it is “realistic to think that somebody could have used the plaintiff’s work instead of the defendant’s work for that use,” said Joe.

It was “pretty clear” that a magazine could license Goldsmith’s photo instead of Warhol’s painting to depict Prince, which is “very different from most fair-use cases,” he added.Read […]

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