Fair Use Again? US Supreme Court Will Tackle Andy Warhol's Prince Works
Latham & Watkins and Williams & Connolly will square off over the transformative nature of Warhol's creations, and whether its sufficient to be a fair use of Lynn Goldsmith's photograph.
March 28, 2022 at 05:49 PM
5 minute read
Lynn Goldsmith's photo of Prince, left, and Andy Warhol's silk-screen work, right. (Images from court documents) The Supreme Court will wade into the morass of copyright and fair use for the second time in two years, now that it has granted cert in The Andy Warhol Foundation for the Visual Arts' suit against photographer Lynn Goldsmith.
The case will pit Latham & Watkins for the foundation versus Williams & Connolly for Goldsmith. Each side is sure to command an army of amicus curiae, as the fight touches on the meaning of transformational art, the importance of licensing markets for photographic works, and the scope of the court's 2021 fair-use decision Google v. Oracle, among many other hot-button issues.
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