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CASE NAME: Dauman v. Andy Warhol Foundation for the Visual Arts
CITATION: 1997 WL 337488
Topics: Copyright

Henri Dauman, "A Sorrowing Family Marches Together"

Andy Warhol, "16 Jackie's"

Andy Warhol created a series of images of Jacqueline Kennedy that he acquired from newspapers and magazines including, “A Sorrowing Family Marches Together,” a photograph by Henri Dauman published in the December 6, 1983 edition of Life magazine.  Dauman did not discover that Warhol used his photograph until The New York Times published an article about the sale of “16 Jackies” at Sotheby’s in 1995.

Copyright Infringment
Dauman brought a copyright infringement claim against the Andy Warhol Foundation for the Arts for the unauthorized use of his copyrighted photograph. The Warhol Foundation moved to dismiss the case for the failure to state a claim: in the complaint, Dauman did not state that he owned the copyright.

The court ruled that Dauman’s complaint did make it clear that Dauman owned the copyright of the photograph. The copyright notice provided within the magazine was sufficient to demonstrate copyright ownership


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