BREAKING: The United States Supreme Court has released its opinion on The Andy Warhol Foundation v. Goldsmith case, finding in favor of Lynn Goldsmith and stating that Warhol’s use of her photo was not fair use.
Supreme Court Rules Andy Warhol’s Prince Art is Copyright InfringementThe United States Supreme Court has released its opinion on The Andy Warhol Foundation v. Goldsmith case, finding in favor of Lynn Goldsmith and stating that Warhol’s use of her photo was not fair use.
“The ‘purpose and character’ of Andy Warhol Foundation’s use of Goldsmith’s photograph in commercially licensing Orange Prince to Condé Nast does not favor AWF’s fair use defense to copyright infringement.”“AWF contends that the Prince Series works are ‘transformative,’ and that the first fair use factor thus weighs in AWF’s favor, because the works convey a different meaning or message than the photograph.
Maddrey says that the case will likely have wide-ranging implications in not only the arts community, but also across all intellectual property areas. “AWF wanted to say that any use that gives the underlying work new message, meaning, or expression is transformation, the Court held that is not the case; other factors must be considered at this stage as well,” Maddrey continues.
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