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U.S. Supreme Court,
Intellectual Property

Jun. 14, 2022

Warhol estate files brief in Supreme Court challenge over fair use

“This case gives the court an opportunity to reaffirm its commitment to free artistic expression,” said Roman Martinez, a partner with Latham & Watkins.

Andy Warhol’s estate urged the U.S. Supreme Court to reverse a 2nd U.S. Circuit Court of Appeals ruling that found the artist’s work does not constitute fair use under the Copyright Act, arguing it contradicts 9th Circuit case law and would stifle creativity and upend copyright law.

“This case gives the court an opportunity to reaffirm its commitment to free artistic expression,” said Roman Martinez, a partner with Latham & Watkins LLP...

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