The Problem With Sup. Ct. Majority Opinion In Andy Warhol Foundation

Commentary The high court's decision's future application is anything but clear and clarification of the parameters of a "transformative" fair use is left open for another day.

6 minute read July 01, 2023 at 12:09 AM

Nicole D. Galli and

Andrew J. Costa

The Problem With Sup. Ct. Majority Opinion In Andy Warhol Foundation

In deciding whether Andy Warhol Foundation's (AWF) licensing of Warhol's iconic "Orange Prince" silkscreen was a copyright fair use of Lynn Goldsmith's source photo of the musician Prince, the U.S. Supreme Court focused not on Warhol's original use of Goldsmith's photo in creating "Orange Prince" but rather on Goldsmith's specific challenge to AWF's licensing of the work to magazine publisher Condé Nast.

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