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Warhol Case Could 'Rein Back' Courts on Transformative Use: Counsel, Managing IP

May 19, 2023

Partner Meaghan Kent’s comments on the US Supreme Court’s recent ruling that the Andy Warhol Foundation’s commercial use of Lynn Goldsmith’s photograph of the late pop star Prince didn’t count as fair are featured in a Managing IP article.

The Supreme Court ruled in a 7–2 majority opinion authored by Justice Sonia Sotomayor affirming a ruling from the US Court of Appeals for the Second Circuit.

“This didn’t draw any sort of bright lines that will change the analysis overall,” said Meaghan, despite the ruling. She noted it would be going too far to say that this case makes it harder for defendants to prevail on fair use.

“It was just so narrowly tailored,” she noted.

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