Abstract

On May 18, 2023, the United States Supreme Court entered its opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith. The Court examined the work of the renowned artist Andy Warhol (Warhol), posthumously represented by his eponymously named foundation, who had incorporated a significant portion of the visual elements from Lynn Goldsmith’s photograph of the deceased rock star Prince without Goldsmith’s permission. In a 7-2 opinion, the Court held that Warhol’s use of the Goldsmith photograph was not “transformative” and thus did not constitute fair use of the photographer’s work. This article will explain and analyze the Court’s decision and its interpretation and application of the copyright fair use transformative test. It will discuss and analyze the transformative test before Warhol and provide guidance to artists, art law practitioners, and professors on the interpretation and application of the transformative test in the post-Warhol context.

Document Type

Article

Publication Date

2023

Notes/Citation Information

Michael D. Murray, Copyright Transformative Fair Use After Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 24 Wake Forest J. Bus. & Intell. Prop. L. 21 (2023).

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