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Report on Oral Arguments At Supreme Court In 'Warhol' Case
During the recent oral arguments before it in Andy Warhol Foundation Foundation for the Visual Arts Inc. v. Goldsmith, 21-869, the U.S. Supreme Court sounded open to extending more fair use protection to an Andy Warhol painting of rock icon Prince than the U.S. Court of Appeals for the Second Circuit did. The Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith, 992 F.3d 99 (2d Cir. 2021). The Supreme Court justices peppered each side with questions in The Andy Warhol Foundation case. The court's ruling could affect everyone from visual artists and photographers, to documentary filmmakers and Internet mashup creators.
Chief Justice John Roberts sounded at times as if he was siding with the foundation. The purpose of Lynn Goldsmith's photograph of Prince is to show what the musician looked like, the Chief Justice said, while the painting Warhol created from it comments on the nature of celebrity has "a different purpose."
The Second Circuit had ruled that in determining transformativeness under the fair use test in §107 of the U.S. Copyright Act, judges "should not assume the role of art critic" and try to ascertain the meaning of the works at issue.
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