Fair Use Defense After Warhol v. Goldsmith SCOTUS Decision

Carolyn Wimbly Martin and Sara Etemad-Moghadam

On May 18, 2023, the Supreme Court, in a 7-2 opinion, affirmed the decision of the United States Court of Appeals for the Second Circuit in favor of photographer Lynn Goldsmith (“Goldsmith”) holding that the “purpose and character” of the particular commercial use by the Andy Warhol Foundation (“AWF”) of Goldsmith’s photograph did not meet […]

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Andy Warhol and Photographers Take Their Case to the Supreme Court: Third Addendum

This post is an update. Read the original post here, the first addendum here, and the second addendum here. At the beginning of his oral argument before the Supreme Court, Roman Martinez, counsel for the Warhol Foundation, stated: … the stakes for artistic expression in this case are high. A ruling for Goldsmith would strip protection not just […]

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