Intellectual Property Law

New Matter FALL 2023, VOLUME 48, EDITION 3


Thomas A. Ward

Haynes, Beffel & Wolfeld, LLP

Welcome to the fall edition of New Matter for 2023. The cover of this edition emphasizes the recent U.S. Supreme Court decision in the Andy Warhol copyright case. The Supreme Court ruled that Andy Warhol infringed on a photographer’s copyright and fair use did not apply. The cover art shows the photograph and the Andy Warhol magazine cover that was the subject matter of the case. It is interesting to note that the orange color added is a substantial change noted in the case. It is also interesting to contemplate whether the Supreme Court’s conservative makeup influenced the decision in denying fair use protection to the Andy Warhol foundation. A feature article is included in this issue that addresses the Andy Warhol case and is entitled "Andy Warhol Foundation for the Visual Arts v. Goldsmith: Expanding the Degree of Similarity—Trimming Transformative Use" by Alexandra Darraby. The MCLE article by Brian Conlon also addresses the Andy Warhol Foundation case. We invite you to read these articles. This issue further includes the Washington D.C. Trip report which includes information provided directly from representative offices such as the Patent and Trademark Office, and we hope you will read the report to stay abreast of the issues these offices are currently focused on.

As always, I continue to thank our New Matter editorial staff for accomplishing the work to get this publication to you. In particular, thanks to Amanda Nye who is the Acquisition Editor, Anthony Craig and Leaf Williams who are Co-Production Editors, and Dabney Eastham who is Senior Articles Editor.

Join CLA to access this page


Log in

Forgot Password

Enter the email associated with you account. You will then receive a link in your inbox to reset your password.

Personal Information

Select Section(s)

CLA Membership is $99 and includes one section. Additional sections are $99 each.