U.S. Supreme Court,
Intellectual Property
Mar. 29, 2022
Supreme Court to hear whether ‘similarity’ is bar to fair use
The petition for writ for certiorari by the Andy Warhol Foundation was granted Monday to determine whether a court is forbidden from considering the meaning of a work when analyzing its transformativeness if it recognizably derives from the original work.
The Supreme Court announced Monday it will hear a landmark copyright dispute over Andy Warhol’s use of a photographic portrait of the singer Prince to settle a controversy over a 2021 ruling regarding the transformativeness of Warhol’s pop art style and the fair use doctrine.
Noting the doctrine “has for centuries been a cornerstone of creativity in our culture,” Latham & Watkins LLP partner Andy Gass, a copyright litigator based in San...
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