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

Summary

The Supreme Court affirmed the Second Circuit, holding that the first fair‑use factor – the purpose and character of the use – weighs in favor of Lynn Goldsmith, not the Andy Warhol Foundation, because the Foundation’s commercial licensing of Warhol’s Orange Prince image serves the same commercial purpose as Goldsmith’s original photograph. The Court emphasized that commercial nature and lack of a distinct purpose outweigh any transformative elements.