When she confronted the foundation about them, it filed a preemptive suit in 2017 seeking a declaration of noninfringement. Goldsmith did not become aware of the silkscreens until Prince's death in 2016, the documents said. In the 1980s, Warhol created a series of silkscreens from a photo of Prince that was taken by Goldsmith, who had licensed the photo to Vanity Fair as an "artist reference," according to court documents. "Not every new message automatically qualifies," the brief said. 9, asking if a work should be protected as a fair use when it conveys a different message than its source material does.Īttorneys from Williams & Connolly LLP, who filed a brief for photographer Lynn Goldsmith opposing certiorari, said that, to be protected as a fair use, a work must have a "new purpose or character" that alters the original. 2021).Īttorneys from Latham & Watkins LLPfiled a certiorari petition on the foundation's behalf Dec.
2021).Ī 2nd Circuit panel in August, after the Google decision was handed down, issued an amended opinion confirming the rejection. Circuit Court of Appeals admitted it had until that point provided "conflicting guidance" over the doctrine's application.
In its rejection of the foundation's fair use argument in March 2021, the 2nd U.S. 1183 (2021), a holding that many have said expanded the doctrine. The Supreme Court granted certiorari March 28 to the Andy Warhol Foundation for the Visual Arts Inc., marking the first case in which the high court has agreed to address a fair use question since Google LLC v. Supreme Court to decide whether copyright law's fair use doctrine protects a set of pop-art portraits by Warhol depicting the musical icon Prince.Īndy Warhol Foundation for the Visual Arts Inc. MaThe not-for-profit corporation that controls Andy Warhol's estate has persuaded the U.S.
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