ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC., PETITIONER v. LYNN GOLDSMITH, ET AL., 598 U.S. 508

Summary

HOLDINGS: [1]-In a copyright infringement case, the first fair use factor (the purpose and character of the use) did not favor petitioner. Respondent’s original works, like those of other photographers, were entitled to copyright protection, even against famous artists. Such protection included the right to prepare derivative works that transformed the original. Respondent’s original photograph of a famous musician, and petitioner’s copying use of that photograph in an image licensed to a special edition magazine devoted to the musician, shared substantially the same purpose, and the use was of a commercial nature. Even though the new work added new expression to respondent’s photograph, in the context of the challenged use, the first fair use factor under 17 U.S.C.S. § 107(1) still favored respondent.