Andy Warhol Foundation v. Goldsmith on Fair Use Doctrine and Transformative Art

This essay provides a review of Andy Warhol Foundation v. Goldsmith, providing basic explanations of copyright protection of photographs and of the fair use doctrine. The essay discusses how both the majority and dissent apply these legal principles to the Warhol Foundation’s commercial licensing of Warhol’s work which used Lynn Goldsmith’s copyrighted photograph as “raw material.” The essay concludes that although Sotomayor and Kagan came to different conclusions both believed they were protecting the artist and their art.