Fair Use Gets Its Day in Court this Week with Warhol v. Goldsmith Oral Arguments

The Supreme Court will hear arguments this week in a high-profile case that pits The Andy Warhol Foundation against renowned rock photographer Lynn Goldsmith. The outcome has the potential to spark wide-ranging implications for artists and other stakeholders in the art world. The crux of the case centers on what is considered fair use when one artist borrows from another to create their work. The work in dispute is a series of images of the musician Prince that Warhol created using a portrait shot by Goldsmith more than 40 years ago as an artist’s reference. Oral arguments are scheduled for Wednesday, October 12. In Goldsmith’s August 2022 brief, her legal team argued that Warhol’s fame as one of the most popular and provocative American artists of all time shouldn’t automatically confer the rights to use her work without compensation or credit.Read More