Partner and Art Law co-chair Megan Noh discussed the recent appeals court decision related to prints created by world-famous pop artist Andy Warhol. According to Law360, " [the prints] depicting music legend Prince did not constitute fair use of the copyrighted photograph on which they were based. In doing so, the appeals court offered pointed "clarifications" about its own 2013 holding in Cariou v. Prince, calling it a "high-water mark" that has "not been immune from criticism." The decision is significant. According to Law360:

For Megan E. Noh, the co-chair of the art law practice at Pryor Cashman LLP, that's a marked departure from Cariou and its suggestion that using "new aesthetics" could be enough to make a work transformative.

"Under the new ruling, employing a different aesthetic from the source material will no longer be sufficient," Noh said. "A secondary work must now clear the higher bar of serving 'an entirely distinct artistic purpose' that 'stands apart from' the original work."

Read more about the decision in the full article linked below.