GOOGLE/ORACLE DOESN'T AFFECT WARHOL FAIR-USE RULING, SECOND CIRCUIT SAYS

摘要

The Second U.S. Circuit Court of Appeals' decision that Andy Warhol's art didn't make fair use of Lynn Goldsmith's photo of Prince still stands after the U.S. Supreme Court's landmark ruling in a copyright dispute between Google and Oracle, the appeals court said on August 24. The "unusual context" of the Supreme Court case about software code didn't affect the Second Circuit's fair-use analysis in an artistic context, U.S. Circuit Judge Gerard Lynch wrote for a unanimous three-judge panel in an amended version of its original decision. Roman Martinez of Latham & Watkins, who represents the Andy Warhol Foundation for the Visual Arts, said in an email that they respectfully disagree with the ruling and are reviewing their options for further review.