Question

In this week's materials, we discussed "fair use" in the context of copyright law and the landmark case of Campbell v. Acuff-Rose Music, Inc. (which is included in this week's content materials). There is a new fair use case being decided by the U.S. Supreme Court this term (oral arguments were heard on October 12, 2022) dealing with the concept of fair use in the area of art rather than music and the idea of "transformative" use. The case is Andy Warhol Foundation for the Visual Arts v. Goldsmith, and it involves a series of screenprints that Andy Warhol created from a picture of the artist Prince taken by the photographer Lynn Goldsmith. At issue in the case is whether Warhol's prints infringe on Goldsmith's copyright to her work or whether they fall under the protection of fair use. Please watch the video and read the article at the links below and then answer all of the questions that follow in your initial response. Article discussing Andy Warhol Foundation v. Goldsmith Brief summary of case from Oyez QUESTIONS: The article by Pamela Samuelson states that the Campbell court "emphasized that transformative fair uses leave "breathing space" for next generation creations that build on the expression of pre-existing works." Do you agree with this statement? Is fair use in art necessary for creating new works? Explain and support your answer using specific examples. In your opinion, is Warhol's print "transformative use" of Goldsmith's photograph?

Answer 1

Fair use in copyright law ensures a balance between protecting original authors and fostering new creations in the arts. Andy Warhol's work, particularly in appropriating existing material in a new context, invokes a discussion about transformative use and its limits within the legal framework.

Step-by-step explanation:

The concept of fair use in copyright law provides a critical balance between protecting the rights of authors and allowing creative freedoms for new works. The Campbell court’s assertion, mentioned by Pamela Samuelson, that transformative fair uses should leave "breathing space" for next-generation creations, aligns with the need to nurture artistic innovation. In the domain of visual arts, as exemplified by Andy Warhol's work, this breathing space is essential. Warhol's adaptation of ordinary objects, such as the Campbell's Soup Cans, into art highlights the importance of fair use in creating new, sometimes culturally significant, works from pre-existing material. His use of familiar subject matter questioned consumption habits and mass media's role in society. Regarding whether Warhol's work constitutes transformative use, one may argue that by altering the aesthetic and message of Goldsmith's photograph of Prince, Warhol added new meaning and expression, warranting consideration under fair use. However, the final determination of whether Warhol's prints are transformative depends on legal interpretation and the balancing of fair use factors as established by precedent and current judicial analysis, which continues to evolve in the landscape of copyright law. The case of Andy Warhol Foundation for the Visual Arts v. Goldsmith serves as a contemporary example of this ongoing discourse.