Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

Common card · No. 486174

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 598 U.S. 508 (2023), is a U.S. Supreme Court case dealing with transformative use, a component of fair use, under U.S. copyright law. At issue was the Prince Series created by Andy Warhol based on a photograph of the musician Prince by Lynn Goldsmith. It held Warhol's changes were insufficiently transformative to fall within fair use for commercial purposes, resolving an issue arising from a split between the Second and Ninth circuits among others. Goldsmith had taken her photograph in 1981 on assignment for Newsweek and retained copyright on it afterwards; it was not published. Three years later, Vanity Fair licensed the image for Andy Warhol to use as a reference for a silkscreen illustration of Prince to be published, by agreement with Goldsmith, only once, with her credited. But Warhol used the image as the basis for his Prince Series without asking or notifying Goldsmith; she only learned of the images' existence when Vanity...

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