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Oct 14, 2022

Fair use is one of those things where the lines are not so clear cut. In the mid 80’s, Andy Warhol doctored an existing photo of Prince, taken by Lynn Goldsmith, for a magazine cover and that same bit of art is currently being debated in the Supreme Court. Factors such as what the media was used for, how much of it was used, and the effect it had on the market certainly factor into whether Goldsmith’s art was fairly used, but was cropping and colors enough for Warhol to claim the work as his own? Jack Russo and Rafael Chodos discuss the blurred lines between fair use and copyright infringement.