Mark Avsec, partner in Benesch's Intellectual Property Group, was recently quoted in a Cleveland.com article discussing the implications of a significant fair use ruling involving the Rock & Roll Hall of Fame.
The article, “Rock Hall Fair Use Ruling Raises Big Questions for Creators,” explores the impact of a recent court decision on the use of copyrighted images in museum displays and the broader questions it raises for artists, photographers and content creators.
Avsec said that the Supreme Court’s ruling in the recent Warhol case reset things.
The high court ruled as it did “because both the original Goldsmith photo of Prince and Warhol’s silkscreen based on it served a similar commercial purpose – illustrating a magazine about the musical artist Prince – the use was not transformative under the first fair use factor despite the added expression.”
More: Rock Hall ‘fair use’ ruling raises big questions for creators - cleveland.com