Case Law Index
federal2023
Additional Highlights:CopyrightFair UseTransformative Works
Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith
United States Supreme Court
Key Holding
The Andy Warhol Foundation's licensing of a Warhol portrait of Prince derived from a Goldsmith photograph does not constitute fair use, as the commercial licensing purpose was not sufficiently transformative.
Case Summary
Andy Warhol Foundation v. Goldsmith narrowed the transformative use doctrine in copyright fair use analysis, holding that when an allegedly transformative work is used for the same commercial purpose as the original, the first fair use factor weighs against fair use.