U.S. Supreme Court,
Intellectual Property
May 23, 2023
Supreme Court rules against fair use of Andy Warhol silkscreen
The decision, which affirms the 2nd Circuit’s findings in the landmark copyright case, rebalances the fair use doctrine to place greater emphasis on whether a purportedly “transformative” work is commercially competitive with the original work it copies.
For nearly three decades, the Supreme Court’s decision in Campbell v. Acuff-Rose Music, Inc. served as copyright practitioners’ north star for evaluating fair use claims. In Campbell, Justice Souter explained that when examining “the purpose and character of the [purported infringer’s] use” of a copyrighted work, the salient inquiry is “whether the new work merely ‘supersede[s] the objects’ of the original creat...
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