Andy Warhol Foundation for the Visual Arts v. Goldsmith (598 U.S. 508)
U.S. Supreme Court · decided May 18, 2023 · Supreme Court Database (Spaeth)
- Citation
- 598 U.S. 508 · 143 S. Ct. 1258
- Decided
- May 18, 2023
- Term
- October Term 2022
- Vote
- 7–2
- Majority author
- Justice Sotomayor
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
Opinion excerpt
PRELIMINARY PRINT Volume 598 U. S. Part 2 Pages 508–593 OFFICIAL REPORTS OF THE SUPREME COURT May 18, 2023 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D.C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. 508 OCTOBER TERM, 2022 Syllabus ANDY WARHOL FOUNDATION FOR THE VISUAL ARTS, INC. v. GOLDSMITH et al. certiorari to the united states court of appeals for the second circuit No. 21–869. Argued October 12, 2022—Decided May 18, 2023 In 2016, petitioner Andy Warhol Foundation for the Visual Arts, Inc. (AWF) licensed to Condé Nast for $10,000 an image of “Orange Prince”—an orange silkscreen portrait of the musician Prince created by pop artist Andy Warhol—to appear on the cover of a magazine com- memorating Prince. Orange Prince is one of 16 works now known as the Prince Series that Warhol derived from a copyrighted photograph taken in 1981 by respondent Lynn Goldsmith, a professional photogra- pher. Goldsmith had been commissioned by Newsweek in 1981 to pho- tograph a then “up and coming” musician named Prince Rogers Nelson, after which Newsweek published one of Goldsmith's photos along with an article about Prince. Years…
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