Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith

Summary

The Supreme Court affirmed the Second Circuit, holding that the first fair‑use factor – purpose and character of the use – weighs in favor of photographer Lynn Goldsmith, not the Andy Warhol Foundation, because the Foundation’s commercial licensing of Warhol’s “Orange Prince” serves the same purpose as Goldsmith’s original photograph and is commercial in nature. The Court clarified that transformation alone is not dispositive of the first factor.