What is the Andy Warhol incident that is being discussed about fair use and cultural development?
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Andy Warhol, an artist known for works such as `` Campbell's Soup Can '' which depicts actual soup cans, does not leave behind any works of art that use photographs taken by others. Some of the works left by Mr. Warhol used photographs taken by photographer Lynn Goldsmith, but one of them was created without Mr. Goldsmith's permission. There is a lawsuit going on between the Andy Warhol Art Foundation and Mr. Goldsmith.
The Andy Warhol Case That Could Wreck American Art - The Atlantic
https://www.theatlantic.com/ideas/archive/2022/10/warhol-copyright-fair-use-supreme-court-prince/671599/
The issue in question is a silkscreen work that Warhol created based on a ``photograph of Prince taken by Mr. Goldsmith in 1981.'' Goldsmith claims that Warhol created the work without permission, but the Andy Warhol Art Foundation filed a lawsuit in 2017 to establish that Warhol owned the rights to the work. I did.
by Scott Penner
As a result of the lawsuit, the United States District Court for the Southern District of New York ruled that ``Mr. Warhol's work is protected by fair use,'' but Mr. Goldsmith appealed the judgment. The appellate court held that ``Mr. Warhol's work retains the essential elements of the original work (photographs taken by Mr. Goldsmith)'' and ``[Mr. Goldsmith's photographs] do not have a recognizable basis. There is no change in the fact that there is no difference,'' the court ruled in favor of Mr. Goldsmith's claim. After that, the Andy Warhol Art Foundation proceeded with the process of requesting a trial at the Supreme Court, and the trial at the Supreme Court will begin in October 2022.
The above case focuses on whether the use of Mr. Goldsmith's photograph in Mr. Warhol's work can be recognized as fair use. Fair use is ``if certain conditions are met, a copyrighted work can be reused without the permission of the copyright owner,'' and is widely treated as a defense to copyright infringement in American courts. The Atlantic, a foreign media outlet, says, ``Fair use allows us to use existing clips as material for movies and display thumbnails of images in Google searches.Without fair use, our cultural experience would be diminished.'' It would be markedly different,' arguing that fair use is an essential concept for cultural development.
Regarding the work at issue in this lawsuit, The Atlantic said, ``Both Mr. Goldsmith's photographs and Mr. Warhol's work evoke a slight sense of sadness. '', supporting the claims of the Andy Warhol Art Foundation. On the other hand, he understands Goldsmith's argument, saying, ``Mr. Goldsmith has valid reasons to be dissatisfied.Her work deserves to be recognized like any other creator's work.'' Masu. The Atlantic stated, ``Mr. Goldsmith's insistence on legal vindication goes too far. (The outcome of the lawsuit) has the potential to trivialize ideals essential to creative expression.'' 'There is,' he says, emphasizing the importance of fair use in cultural development.
According to The Atlantic, Prince, who is the subject of the work at issue in this lawsuit, went so far as to request the deletion of a video posted on YouTube in which a child dances while playing a Prince song. It is said that he was a person who was strict about copyright.
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