Andy Warhol Found., Inc. v. Goldsmith (21-869)
argument 21-869Andy Warhol Found., Inc. v. Goldsmith
Supreme Court of the United States
1h 42m
8 speakers
8 chapters
transcribed 6 days ago
official recording ↗
Transcript
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Transcript generated automatically by AI and may contain errors.
What is the central fair‑use question in the Andy Warhol Foundation v. Goldsmith case?
We will hear argument first this morning in case number 21869, Andy Warhol Foundation v. Goldsmith. Mr. Martinez.
Mr. Chief Justice, and may it please the Court, both courts below agreed, and Goldsmith doesn't dispute, that Warhol's print series can reasonably be perceived to convey a fundamentally different meaning or message from Goldsmith's photograph. The question in this case is whether that different meaning or message should play a role, any role, in the fair use analysis. Our answer is yes. Warhol's transformative meaning puts points on the board under factor one of the four-factor balancing test. Goldsmith and the Second Circuit say no. Warhol's new meaning is categorically irrelevant and can't be considered as part of factor one or any other factor. I want to emphasize three points. First, the precedent supports us.
Campbell unambiguously requires an examination of meaning or message. Google reaffirms that test and cites Warhol's soup cans as a paradigmatic example of when it's satisfied. Goldsmith's test is at odds with both cases. Second, our approach, unlike Goldsmith's, maintains a balance between protecting artists' rights to monetize their works and and encouraging new and important follow-on expression. We give follow-on artists credit for innovation at factor one, while recognizing that factor four and the other factors will sometimes cut decisively the other way. Goldsmith's necessity test, by contrast, upends that balance. It banishes transformative meaning from the equation altogether, and by doing so, it violates 107's text, contradicts precedent, and undermines copyright's key goal, promoting creativity for the public good.
Finally, the stakes for artistic expression in this case are high. A ruling for Goldsmith would strip protection not just from the print series, but from countless works of modern and contemporary art. It would make it illegal for artists, museums, galleries, and collectors to display, sell, profit from, maybe even possess a significant quantity of works. It would also chill the creation of new art by established and up-and-coming artists alike. These results are repugnant to copyright and to the First Amendment. You should reject them. We ask you to reaffirm Campbell and reverse the decision below. Could you
give us an example of any follow-on work that fails your test?
Sure. I think a classic example would be a book-to-movie adaptation. I think that would be a follow-on work. It would be a derivative work. I think if someone were to try to do that, I think that the original creator, the author of the book, could very easily assert that that was not fair use and would have a winning case under factor four and probably also under factor one, and certainly that would be a kind of classic example of a follow-on work that would not count.
Why? I mean... Derivative works are generally in a different medium, and almost all of them, even a dramatization on theater or even a motion picture or a sequel, they add something new, according to your definition in your brief. So why shouldn't they be protected as well, according to your theory?
Yeah, I think there's a factor four issue and a factor one issue. I think the most obvious problem would be a factor four problem, which for the person who's trying to copy or create the movie?
I'm sorry. I read factor one, the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes. So what's the use here? I think I have to look at a use under one as well. So is the use the creation of of the Prince series by Warhol? Is it the 2016 license of the Orange Prince? That factor, I think, is telling me to look at a use. So which use are you looking
at? So we think that both uses are directly implicated in this case. I know there's a significant amount of confusion between our side and the other side on this, so I'd like to try to clarify it. This case came about because Ms. Goldsmith contacted the foundation asserted that the original Warhol works were infringing, demanded a quite substantial seven-figure sum of money, and also demanded the copyrights in the work.
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Chapters
8 chapters
1
What is the central fair‑use question in the Andy Warhol Foundation v. Goldsmith case?
0:00–13:23
2
How do the parties argue whether a new meaning or message should affect Factor 1 of the fair‑use test?
13:23–27:03
3
Why does the government say the “necessity” or “usefulness” of the original work matters for justification?
27:03–41:02
4
What examples do the justices use to illustrate when a derivative work is or isn’t fair use (e.g., book‑to‑movie, songs, museum displays)?
41:02–53:25
5
How do the parties explain the impact of Factor 4 (market effect) on the Warhol prints versus Goldsmith photographs?
53:25–1:06:16
6
What are the broader consequences for artists, museums, and the art market if the Court rules for Goldsmith?
1:06:16–1:17:48
7
How does the Court’s precedent (Campbell, Google) shape the analysis of transformative use in this case?
1:17:48–1:31:53
8
What relief are the parties seeking and why does the creation of the Warhol works matter for the final judgment?
1:31:53–1:42:28