Docket No. 19-2420-cv August Term, 2020.

992 F.3d 99 (2021)

The ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC., Plaintiff-Counter-Defendant-Appellee, v. Lynn GOLDSMITH, Lynn Goldsmith, Ltd., Defendants-Counter-Plaintiffs-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 26, 2021.

Attorney(s) appearing for the Case

Thomas G. Hentoff ( Lisa S. Blatt , Katherine Moran Meeks , on the brief), Williams & Connolly LLP, Washington, D.C., for Defendants-Appellants.

Luke Nikas ( Maaren A. Shah , Kathryn Bonacorsi , on the brief), Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, for Plaintiff-Appellee.

Christopher T. Bavitz , Harvard Law School Cyberlaw Clinic, Cambridge, MA, for Amici Curiae Law Professors.

Jason Schultz , Christopher Morten , New York University Technology Law and Policy Clinic, New York, NY, for Amici Curiae Latipa (née Michelle Dizon) and Viêt Lê.

Ira J. Levy , Goodwin Procter LLP, New York, NY; Jaime A. Santos , Goodwin Procter LLP, Washington, D.C., for Amicus Curiae The Robert Rauschenberg Foundation.

Gregory J. Dubinsky , Evan H. Stein , Holwell Shuster & Goldberg LLP, New York, NY, for Amicus Curiae Professor Terry S. Kogan.

Thomas B. Maddrey , Maddrey PLLC, Dallas, TX; Russell J. Frackman , UCLA School of Law Copyright Amicus Brief Clinic, Los Angeles, CA, for Amici Curiae The American Society of Media Photographers, Inc., National Press Photographers Association, Professional Photographers of America, Graphics Artist Guild, and North American Nature Photography Association.

Benjamin S. Akley , Pryor Cashman LLP, New York, NY, for Amicus Curiae Recording Industry Association of America.

Judge Jacobs concurs in the Court's opinion, and files a concurring opinion.

This case concerns a series of silkscreen prints and pencil illustrations created by the visual artist Andy Warhol based on a 1981 photograph of the musical artist Prince that was taken by Defendant-Appellant Lynn Goldsmith in her studio, and in which she holds copyright...


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