COPYRIGHT & FAIR USE - IN THE LIGHT OF GHIBLI TREND
In the recent trend of photos being transformed to Ghibli Art – The United States Supreme Court's decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith , dated May 18, 2023 sheds important light on focusing on “fair-use” in copyright Case Background: Lynn Goldsmith took a copyrighted photograph of Prince in 1981. Vanity Fair obtained a one-time license to use the photograph as an artist reference for an illustration. Andy Warhol created the "Prince Series," including "Orange Prince," based on Goldsmith's photograph. In 2016, AWF licensed "Orange Prince" to Condé Nast for a magazine cover commemorating Prince. Goldsmith claimed copyright infringement, and AWF argued fair use. Legal Issue: Whether AWF's commercial licensing of "Orange Prince" to Condé Nast constituted fair use under the first factor of 17 U.S.C. §107: "the purpose a...