The United States Supreme Court has ruled in favor of Lynn Goldsmith in the case of The Andy Warhol Foundation v. Goldsmith. The court found that Warhol’s use of Goldsmith’s photo of Prince was not fair use and constituted copyright infringement. The ruling clarifies the boundaries of transformation in fair use analysis, stating that simply adding new expression, meaning, or message does not automatically create a transformative use. The decision is considered a win for photographers and has implications for copyright protection in photography and other intellectual property areas. The ruling reinforces the importance of obtaining permission, proper licensing, credit, and fair compensation for the use of photographs.
| Signal | Change | 10y horizon | Driving force |
|---|---|---|---|
| Supreme Court rules Andy Warhol’s Prince Art is Copyright Infringement | Ruling against fair use of artwork | Increased scrutiny of fair use in copyright cases | Protecting the rights of copyright holders |
| Ruling seen as a win for photographers | Recognition of the importance of photographers’ rights | Stronger protection for photographers’ intellectual property rights | Advocacy for photographers’ rights |
| Clarification on what constitutes transformation in fair use analysis | Clear definition of transformation in fair use analysis | More precise understanding of fair use in copyright law | Ensuring fair use does not infringe on copyright holders’ rights |