Copyright, Meet Antitrust

Following the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, fair use analysis seems to hinge on whether and how a defendant’s work competes with plaintiff’s. But how to answer that question is neither obvious nor simple. In his recent publication, Professor Christopher Sprigman argues that antitrust law may have some of the tools needed for judges to analyze that question. Please join the Copyright Society and the Engelberg Center for a discussion of these issues