The 15 Minutes Are Over…Now What?: The Application of Warhol v. Goldsmith In and Out of the Courts

In May 2023, the Supreme Court decided the closely watched fair use case Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, which asked whether an Andy Warhol painting based on a photograph of musician Prince by Lynn Goldsmith was “transformative” under the first factor of the fair use test. In the past eight months, the lower courts and practitioners have had to grapple with the extent to which the ruling does, or does not, impact the analysis of fair use questions arising in cases involving not just visual arts, but a wide variety of works. Our panel of knowledgeable experts will discuss the impacts of Goldsmith on the overall fair use analysis, the impact on parody and commentary, and how wide-reaching the ruling may be on future fair use disputes.