May 19, 2023
Special Report: Supreme Court Decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, et al.
Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, et al., No. 21-869 (May 18, 2023) (7-2, Opinion by Justice Sotomayor) | Download PDF
- The first fair use factor focuses on whether an allegedly infringing use has a further purpose or different character, which is a matter of degree, and the degree of difference is measured against other considerations, like commercialism.
- If an original work and secondary use share the same or highly similar purposes, and the secondary use is commercial, the first fair use factor is likely to weigh against fair use, absent some other justification for copying.