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Andy Warhol Foundation v. Goldsmith (Copyright Fair Use)

Andy Warhol Foundation v. Goldsmith (Copyright Fair Use)

FromSupreme Court Decision Syllabus (SCOTUS Podcast)


Andy Warhol Foundation v. Goldsmith (Copyright Fair Use)

FromSupreme Court Decision Syllabus (SCOTUS Podcast)

ratings:
Length:
19 minutes
Released:
May 20, 2023
Format:
Podcast episode

Description

In Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith et al., the Supreme Court ruled that the commercial licensing of a derivative artwork by Andy Warhol, based on a copyrighted photograph taken by Lynn Goldsmith, did not qualify as fair use. The case involved the licensing of Warhol's "Orange Prince" image. This well-known image includes a silkscreen portrait of musician Prince, which was derived from Goldsmith's photograph. The Court found that despite adding new expression, meaning, or message to the photograph, the purpose and character of the use were not sufficiently distinct from the original work. Held: the “purpose and character” of the Warhol' use of Goldsmith’s original photograph in commercially licensing Orange Prince to Condé Nast does not favor Warhol's fair use defense to copyright infringement. Justice Sotomayor delivered the Opinion of the Court. Justice Kagan filed a dissenting Opinion, which Chief Justice Roberts joined.  Read by guest host Jeff Barnum. Support the show
Released:
May 20, 2023
Format:
Podcast episode

Titles in the series (100)

Decisions of the Supreme Court, summarized by the court itself.Readings of the Supreme Court slip opinion syllabi, With no personal commentary, you can make up your own mind about the decisions. See Wheaton and Donaldson v. Peters and Grigg, 33 U.S. 591 (1834) and United States v. Detroit Timber & Lumber Co., 200 U.S. 321, 337. Photo by: Davi Kelly