In the Wake of Warhol
Andy Warhol Foundation for the Visual Arts Inc v. Goldsmith was a landmark case in 2022. At its core, the case begged the question: how can one borrow another’s expression without being liable for copying their work? The conclusion of two recent cases using the Supreme Court’s rationale from Warhol shows its impact on copyright law.
Before diving into the analysis of just how much the Warhol opinion affected these outcomes, it is essential to first outline the basic matters of the case and define relevant elements of copyright law.