Legal Opinion

Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith

District Court, S.D. Illinois

Decided July 1, 2019No. 17-cv-2532 (JGK)PublishedCited by 8 opinions

1Opinion of the Court

JOHN G. KOELTL, District Judge:

This case raises the question of whether Andy Warhol's use of a photograph of an iconic singer as the basis for a series of artworks is protected as fair use.

More particularly, the Andy Warhol Foundation for the Visual Arts, Inc. ("AWF"), seeks a declaratory judgment declaring that works created by Andy Warhol based on a photograph of Prince Rogers Nelson, best known as "Prince," taken by photographer Lynn Goldsmith do not constitute violations of the Copyright Act.1 Goldsmith has filed a counterclaim against AWF claiming that the Warhol works do constitute…

2Cases cited36 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Feist Publications, Inc. v. Rural Telephone Service Co.Supreme Court of the United States · 1991
  5. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994

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3Cited by8 opinions

  1. Romanova v. Amilus Inc.Court of Appeals for the Second Circuit · 2025
  2. The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, EtCourt of Appeals for the Second Circuit · 2021
  3. Andy Warhol Foundation for Visual Arts, Inc. v. GoldsmithSupreme Court of the United States · 2023
  4. Andy Warhol Foundation for Visual Arts, Inc. v. GoldsmithSupreme Court of the United States · 2023
  5. Andy Warhol Found. for the Visual Arts, Inc. v. GoldsmithCourt of Appeals for the Second Circuit · 2021

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