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 

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Madison Wilson

The American Law Institute

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