U.S. Supreme Court,
Intellectual Property
Jun. 8, 2023
Warhol decision strengthens and expands copyright protection
A subtle but key aspect of the high Court’s fair-use analysis concerned the reference point from which any alleged transformation or change between the two works is to be evaluated under the copyright statute.
Dariush Adli
President
ADLI Law Group
444 S Flower St
Los Angeles , CA 90071
Email: adli@adlilaw.com
Univ of Michigan Law Sch; Ann Arbor MI
In a "transformative" decision that has reverberated around the art world, the U.S. Supreme Court ruled that works created by legendary artist Andy Warhol - based on an original photograph taken by another artist - did not qualify as transformative and thus could not benefit from the protection provided under the fair-use doctrine. The decision significantly strengthens and expands copyright protection by limiting the breadth and scope of the doctrine of fair-use.
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