The Supreme Court recently revisited the applicability of “fair use” as a defense to copyright claims. While the case involved two artistic titans in their fields Prince and Andy.
As the opinion did not consider the remaining fair use factors, this opinion affirmed the Second Circuit's finding that the Foundation's use was not a fair one.
On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. .
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