Intellectual Property Law
New Matter FALL 2023, VOLUME 48, EDITION 3
Content
- 2023 Dc Delegation Trip Report
- 2023 New Matter Author Submission Guidelines
- DARRABY GLIB NOTES™ Andy Warhol Foundation Supreme Court Opinion: Highlights And Sound Bites
- Federal Circuit Report
- INTELLECTUAL PROPERTY SECTION Executive Committee 2022-2023
- INTELLECTUAL PROPERTY SECTION Interest Group Representatives 2022-2023
- Intellectual Property Section New Matter Editorial Board
- IS ALL FAIR IN POP ART AND CELEBRITY PHOTOGRAPHY (PART II)? In Which the Justices Turn to Economics to Level the Playing Field for Human Creatives
- Letter From the Chair
- Letter From the Editor-in-chief
- Mickey Mouse and the Public Domain
- Mitigating Ai Bias With Responsible Ai Design
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Patentability of Artificial Intelligence On the Precipice of Reform
- Quarterly International Ip Law Update
- Recent Disqualification Precedent Raises Interesting Questions About Computer Access and Data Rights
- Six Things To Know About the California Privacy Rights Act
- Table of Contents
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Trade Secret Report
- Ttab Decisions and Developments
- ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS V. GOLDSMITH: Expanding the Degree of Similarity—Trimming Transformative Use
ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS V. GOLDSMITH: Expanding the Degree of Similarity1—Trimming Transformative Use
Alexandra Darraby
Art Law Firm
PROCEDURAL SUMMARY OF ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC. V. GOLDSMITH
Justice Sotomayor delivered the majority opinion of the U.S. Supreme Court in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith [Warhol], Justices Gorsuch and Jackson concurred, and Justices Kagan and Roberts dissented.2 The Court affirmed the Second Circuit’s judgment that the Foundation’s use of a 1981 photograph of Prince taken by Lynn Goldsmith was not fair under Section 107 of Title 17 of the U.S. Code.3 Both the Foundation and Goldsmith licensed the photograph—her copyrighted original and the Foundation’s unauthorized image from the Prince Series—for magazine covers posthumously memorializing the musician’s life and career.4