Friday, December 1, 2023

Will textualism save our copyright planet? Warhol Fdn v. Lynn Goldsmith headed to SCOTUS

Images of Goldsmith and Warhol at issue.

The U.S. Supreme Court will review a ruling that an Andy Warhol print infringed a copyrighted photograph taken by photographer, Lynn Goldsmith, of the late musician, Prince.

We certainly hope–as much as one can hope for anything these days–that SCOTUS cleans up the wasteland that has become of “fair use” interpretation.

One would think, and hope I suppose, that with many of the sitting justices adhering to textualism, they will fully jettison the nonsensical “transformativeness” test that has plagued us like a really bad case of Covid since the mid-1990s.

Docs here, via Scotusblog. I’ll also update this post as interesting–and relevant–materials pops up in the digital universe. Sleep well!


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