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Prince Photo Lynn Goldsmith’s photo of Prince courtesy of the court filings, left, Andy Warhol’s “Orange Prince,” courtesy of Wikicommons, right.

The U.S. Court of Appeals for the Second Circuit said Friday that Andy Warhol did not make “fair use” of a photographer’s copyrighted image of the iconic musician Prince, in a ruling that fine-tuned the court’s precedent relating to transformative works and cautioned trial judges to refrain from the role of art critic.

The ruling, from a three-judge panel of the Manhattan-based appeals court, reversed a trial court decision in finding that Warhol’s famous series of 16 silkscreen works had infringed Lynn Goldsmith’s copyright for her 1981 photograph portraying Prince in black and white.

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Tom McParland

Tom McParland of New York Law Journal can be contacted at [email protected] Follow him on Twitter @TMcParlandALM.

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