The Supreme Court of the United States has agreed to take up Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case regarding artwork by Andy Warhol. Using a photo of Prince, which was taken by Lynn Goldsmith for Vanity Fair, Warhol created an image collection.  

The question presented is “[w]hether a work of art is “transformative” when it conveys a different meaning or message from its source material (as this Court, the Ninth Circuit, and other courts of appeals have held), or whether a court is forbidden from considering the meaning of the accused work where it “recognizably deriv[es] from” its source material (as the Second Circuit has held).” 

The case is scheduled to be heard during the October Term 2022. A summary of the procedural history of this case prior to the U.S. Supreme Court petition is available on the U.S Copyright Office Fair Use Index 


Madison Bessho

The American Law Institute


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