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Is All Fair in Pop Art and Celebrity Photography (Part II)? In Which the Justices Turn to Economics to Level the Playing Field for Human Creatives
A few months ago, I wrote about the U.S. Supreme Court's much anticipated decision following a spirited oral argument in Andy Warhol Foundation v. Goldsmith. To refresh the reader's recollection, the case presented the question of whether the first copyright fair-use factor, "the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes," weighed in favor of the Warhol Foundation's commercial licensing for a magazine cover of a silkscreen portrait (part of a series used previously in a magazine) that Warhol made based on a photographer's copyrighted portrait of Prince.1
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