Foley & Lardner LLP Partner Jonathan Moskin authored The American Lawyer article, “All Is Not Fair In Love and Warhol,” analyzing the U.S. Supreme Court’s decision in The Andy Warhol Found. v. Goldsmith.
The article examines the Court’s recent decision in the case and its implications, namely a narrowing of the scope of what qualifies as transformative use under U.S. copyright law.
“What is clear is that the label “transformative” is no longer a get-out-of-jail-free card,” Moskin explained. “Instead, a new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work.”