ARTICLE
11 November 2022

Appropriation Art On Trial: Oral Arguments Before The Supreme Court In Warhol v. Goldsmith

WE
Wilson Elser Moskowitz Edelman & Dicker LLP
Contributor
More than 800 attorneys strong, Wilson Elser serves clients of all sizes across multiple industries. It maintains 38 domestic offices, another in London and enjoys more extensive international reach as a founding member of Legalign Global.  The firm is currently ranked 56th in the National Law Journal’s NLJ 500.
Jana Farmer (Partner-White Plains, NY), Leia Leitner (Associate-Orlando) and Meenka Maharaj (Associate-NY) co-authored "Appropriation Art on Trial: Oral Arguments before the Supreme Court in Warhol v. Goldsmith,"...
United States Media, Telecoms, IT, Entertainment
To print this article, all you need is to be registered or login on Mondaq.com.

Center for Art Law Publishes Farmer, Leitner and Maharaj on Warhol v. Goldsmith SCOTUS Oral Arguments

Jana Farmer (Partner-White Plains, NY), Leia Leitner (Associate-Orlando) and Meenka Maharaj (Associate-NY) co-authored "Appropriation Art on Trial: Oral Arguments before the Supreme Court in Warhol v. Goldsmith," published by the Center for Art Law on October 22, 2022. The article analyzes oral arguments before the Supreme Court revisiting the scope and importance of "transformative use" within the test set forth in the Copyright Act. The second circuit found Warhol's use of a photograph taken by Lynn Goldsmith in 1981 was not transformative and had not "imbued the original artwork with a new meaning and message." Oral arguments on behalf of the Andy Warhol Foundation, on behalf of Lynn Goldsmith, and those presented by the United States government are all critiqued, followed by a final analysis. The authors conclude, "Even if this Supreme Court looks to precedent in making their determination, the questions posed by the bench indicate a concern for expanding the transformative use standard and an interest in limiting its scope." Jana, Leia and Meenka recognize this decision as likely to have significant consequences on creators and those whose work is copied or used as a foundation for a derivative work.

Read the Article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
11 November 2022

Appropriation Art On Trial: Oral Arguments Before The Supreme Court In Warhol v. Goldsmith

United States Media, Telecoms, IT, Entertainment
Contributor
More than 800 attorneys strong, Wilson Elser serves clients of all sizes across multiple industries. It maintains 38 domestic offices, another in London and enjoys more extensive international reach as a founding member of Legalign Global.  The firm is currently ranked 56th in the National Law Journal’s NLJ 500.
See More Popular Content From

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More