![]() ![]() ![]() UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2020 Argued: SeptemDecided: MaDocket No. Accordingly, the court remanded for further proceedings.ġ9-2420-cv The Andy Warhol Foundation for The Visual Arts, Inc. The court likewise concluded that the Prince Series works are substantially similar to the Goldsmith Photograph as a matter of law. Furthermore, although the factors are not exclusive, the Foundation has not identified any additional relevant considerations unique to this case that the court should take into account. In this case, the court considered each of the four factors and found that each favors defendant. The court concluded that the district court erred in its assessment and application of the fair-use factors and that the works in question do not qualify as fair use as a matter of law. This case involves visual art works by Andy Warhol based on a 1981 photograph of the musical artist Prince that was taken by defendant, Lynn Goldsmith, in her studio, and in which she holds copyright. The Second Circuit reversed the district court's grant of summary judgment to the Foundation on its complaint for a declaratory judgment of fair use and the district court's dismissal of defendant's counterclaim for copyright infringement.
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