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Program on Information Justice and Intellectual Property

goldsmith and warhol prince
 

IP at the Supreme Court Series: Andy Warhol Foundation for the Visual Arts v. Goldsmith 

October 12, 2022 | 5:00 - 6:30pm EDT 
View Event on PIJIP's YouTube Channel

Moderated by Professor Christine Farley

American University Washington College of Law regularly invites counsel of record and counsel for selected amici to offer post-argument reflections in intellectual property (and related) cases heard by the Supreme Court. These events are held on the afternoon of oral argument before the Court. 

ISSUE

Issue(s): Whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as the Supreme Court, U.S. Court of Appeals for the 9th Circuit, and other courts of appeals have held), or whether a court is forbidden from considering the meaning of the accused work where it “recognizably deriv[es] from” its source material (as the U.S. Court of Appeals for the 2nd Circuit has held).

PANELISTS

Amy Adler
New York University School of Law
Brief of Art Law Professors as Amici Curiae in Support of Petitioner

Andrew Gass
Latham & Watkins LLP,
Counsel for Petitioner, The Andy Warhol Foundation for the Visual Arts, Inc.

Naomi Jane Gray
Shades of Gray Law Group, P.C.
Brief of the Digital Media Licensing Association as Amicus Curiae in Support of Respondents

Peter A. Jaszi
Professor Emeritus
American University, Washington College of Law

Andrew Kim ‘12
Goodwin Procter LLP
Brief for The Robert Rauschenberg Foundation, Roy Lichtenstein Foundation, Joan Mitchell Foundation, Brooklyn Museum, and College Art Association as Amici Curiae Supporting Petitioner

Professor Lateef Mtima
Howard University School of Law,
Brief of Amici Curiae Institute for Intellectual Property and Social Justice and Intellectual-Property Professors in Support of Respondents

Professor Pamela Samuelson
University of California, Berkeley, School of Law
Brief of Authors Alliance as Amicus Curiae in Support of Petitioner

Joshua Simmons
Kirkland & Ellis LLP,
Brief for Amicus Curiae Association of American Publishers in Support of Respondents

Professor Rebecca Tushnet
Harvard Law School,
Brief of Amici Curiae Copyright Law Professors in Support of Petitioner

ALL BRIEFS AVAILABLE ON SCOTUSblog:  Andy Warhol Foundation for the Visual Arts v. Goldsmith

Link to Oral Argument Transcript

Link to Oral Argument Recording
Link to PIJIP Event Recording
 

UPDATE:

Decision