Courthouse Steps Decision: Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

On May 18, the Supreme Court ruled in favor of rock and roll photographer Lynn Goldsmith in a dispute between Goldsmith and the Andy Warhol Foundation regarding Warhol’s works based on Goldsmith’s photo of the musician Prince. The fair use doctrine excuses from liability certain unlicensed uses of copyrighted works, and the question before the Court was whether Warhol’s creation of a series of paintings copied from the photo, and the licensure of those paintings to periodicals, constituted a fair use. In a 7-2 decision, the Court ruled that it did not.Intellectual property law professor Zvi Rosen, who filed an amicus brief in the case in support of Goldsmith, joined us to break down the decision and answer audience questions.Featuring:--Zvi Rosen, Assistant Professor, Southern Illinois University School of Law