This groundbreaking decision fundamentally alters how courts interpret fair use, prompting a reevaluation of criteria beyond transformativeness when adjudicating copyright infringement cases.
Goldsmith Expresses Relief and Triumph
Following the resolution, Goldsmith expressed relief, stating to Law360, “I am pleased that this lawsuit, which was filed against me in 2017, has concluded with a copyright-infringement judgment that protects the rights to my original creation.”
She continued, “The Supreme Court’s 2023 fair use ruling in my favor is crucially important because it affirms the rights of photographers and other creators. I am proud to have fought this successful fight on their behalf.”
AWF’s Disagreement with the High Court’s Decision
In contrast, AWF voiced disagreement with the Supreme Court’s decision but conveyed contentment that the protracted legal battle has drawn to a close. Latham & Watkins LLP, representing the foundation, emphasized, “The Warhol Foundation brought this case as part of its mission of supporting artistic free expression and celebrating Andy Warhol’s legacy.”
Warhol Foundation Pays $21K to Resolve Prince Photo Case : Legal Teams and Final Closure
AWF’s representation includes Andrew Gass, Roman Martinez of Latham & Watkins LLP, and Luke Nikas, Maaren Shah of Quinn Emanuel Urquhart & Sullivan LLP. On the other side, Goldsmith is represented by Thomas G. Hentoff, Kathryn E. Garza of Williams & Connolly LLP, Barry Werbin of Herrick Feinstein LLP, and Joel L. Hecker.
