Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

“A turning point in U.S. copyright law on fair use and commercial art”

Description :

This U.S. Supreme Court case dealt with the boundaries of fair use in artistic works and clarified when transformative use may still require licensing.

Facts :

Photographer Lynn Goldsmith took a portrait of musician Prince in 1981. The Andy Warhol Foundation used this photo as the base for a series of stylized screen prints after Prince’s death, licensing them to media companies. Goldsmith claimed copyright infringement. The Foundation argued that Warhol’s work was transformative and therefore fair use.

Findings :

The Court found that although Warhol’s version added new meaning, the licensed commercial use competed with Goldsmith’s licensing market. Thus, the use was not “fair” under the law.

Suggestions :

The decision sends a strong message to artists and organizations that “transformative” works still require licenses when there’s a commercial objective. Merely altering the style or context doesn’t absolve copyright obligations.

Judgment Date : 18 May 2023

Final Order : The Court ruled in favor of Goldsmith, rejecting Warhol Foundation’s fair use defense for commercial licensing.