Good Artists Copy; Great Artists Steal - Supreme Court Seemingly Narrows First Factor of Fair Use In Copyright Suit, Leaving Unanswered Questions For Artists and AI

On May 18, the Supreme Court made a decision regarding the issue of "fair use" in copyright law. The case involved the Andy Warhol Foundation's commercial licensing of a print based on a photograph of the artist Prince taken by Lynn Goldsmith. The Court focused on the first factor of fair use, which considers the purpose and character of the use, including whether it is commercial in nature. The foundation argued that their use was transformative, conveying a different meaning than the photograph. However, the Supreme Court affirmed the decision of the appeals court, stating that the foundation did not alter the purpose and character of the original photograph enough. This decision has sparked discussions about the implications for copyright law, the art industry, and the use of copyrighted material in artificial intelligence. The Court emphasized that fair use should be analyzed on a case-by-case basis. It also noted that this specific opinion only applies to the use of the image in question and does not provide an opinion on other uses of Warhol's Prince series. Additionally, the decision raises questions about the use of copyrighted works in AI-generated content, as courts may consider how AI-produced works are used and whether they supplant the original work or offer commentary or critique.Read the full article here: https://www.womblebonddickinson.com/us/insights/alerts/good-artists-copy-great-artists-steal-supreme-court-seemingly-narrows-first-factorClick to learn more about our authoring attorneysCarrie Richey (Bio | LinkedIn)Daniel M. Grigore (Bio | LinkedIn)Other Related Links: Drake or Fake? A Lawyer Explains the Legality of AI-Generated Music (Vice)