Making Sense of Fair Use in a Post-Warhol World

A distinguished panel of practitioners and academics discuss the impact of the Supreme Court’s decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith upon the creative industries. In May of 2023, the Supreme Court ruled that Andy Warhol’s silk screen print appearing on the cover of Vanity Fair Magazine based on photographer Lynn Goldsmith’s portrait of musician Prince Rogers Nelson was not a fair use. In its decision, the Court attempted to delineate the contours of the first fair factor, purpose and character of the use, and specifically what constitutes a “transformative” fair use. Experts are now debating what the decision means for the future of fair use law, as well as the practice implications for art and entertainment lawyers. There also will be a discussion of fair use in such other areas as documentaries.

Speakers

Amy Adler Emily Kempin, Professor of Law at NYU School of Law New York, NY

Michael C. Donaldson, Donaldson & Callif, LLP Beverly Hills, CA

Philippa Loengard, Executive Director, Kernochan Center for Law, Media and the Arts and Lecturer-in-Law Columbia Law School New York, NY