In an Law360 article, IP litigation counsel Evan Gourvitz examined the top copyright cases of 2023. Evan discussed a US Supreme Court ruling that an illustration of pop music icon Prince created by artist Andy Warhol infringed a photographer's copyright in the underlying photograph. The SCOTUS decision found that Warhol’s copy was not fair use under the first factor of the fair use test because it was intended for the same commercial purpose as Lynn Goldsmith’s photograph of Prince.
Evan explains that in the Warhol decision the US Supreme Court tried to take aesthetic judgment out of the analysis of the first fair use factor, and instead focused on whether the use at issue serves the same purpose and competes with the original use..
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