After Andy Warhol?

26 Pages Posted: 29 Jun 2022 Last revised: 2 Mar 2023

See all articles by Brian L. Frye

Brian L. Frye

University of Kentucky - J. David Rosenberg College of Law; Dogecoin DAO Legal Scholarship Page; Rug Radio DAO Grifting Division

Date Written: June 28, 2022

Abstract

This essay describes an NFT collection titled "After Andy Warhol?" It consists of NFTs of the 16 paintings in Andy Warhol's "Prince Series" (1984) which were based on a photograph of Prince created by Lynn Goldsmith in 1981. The paintings are the subject of copyright litigation currently under review by the United States Supreme Court. In this essay, I explain why I believe that the paintings are not currently protected by copyright and that my use of them is a fair use of Goldsmith's photograph. The essay also includes as an appendix my "Cento on Plagiarism" in the form of an amicus brief to the Supreme Court, which consists entirely of sentences plagiarized from other sources.

Keywords: copyright, NFTs, Prince, Warhol, fair use, web3, blockchain, trolling

Suggested Citation

Frye, Brian L., After Andy Warhol? (June 28, 2022). IDEA: The IP Law Review, Vol. 63, No. 280, 2023, Available at SSRN: https://ssrn.com/abstract=4149015 or http://dx.doi.org/10.2139/ssrn.4149015

Brian L. Frye (Contact Author)

University of Kentucky - J. David Rosenberg College of Law ( email )

620 S. Limestone Street
Lexington, KY 40506-0048
United States

HOME PAGE: http://law.uky.edu/directory/brian-l-frye

Dogecoin DAO Legal Scholarship Page

Rug Radio DAO Grifting Division ( email )

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
422
Abstract Views
1,612
Rank
144,882
PlumX Metrics