U.S. Supreme Court,
Intellectual Property
May 24, 2023
Supreme Court in Warhol case resets significance of “transformative” issue in fair use analysis
Despite the concerns articulated in the dissent, the Court’s decision is far from a death knell for transformative uses of existing works. Instead, the decision rebalances the analysis by focusing on the manner in which a new work is used, and by clarifying that the degree to which a new use is transformative is relevant to, but not dispositive of, the fair use inquiry.
In its recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, the U.S. Supreme Court has taken the opportunity to again address the fair use defense to copyright infringement. Since the Court’s decision in Campbell v. Acuff-Rose Music Inc., 510 U.S. 569, 575 (1994), the question of whether an allegedly infringing work is transformative – $95
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