What the Supreme Court’s Decision in Warhol Means for Fair Use

The Supreme Court has issued its long-awaited decision in Andy Warhol Foundation v. Goldsmith, a fair use case that raised fundamental questions about rights and obligations of commercial artists. The Court’s opinion did not answer many of those questions, but happily it affirmed both important fair use precedents and the role of fair use as a crucial element of the copyright system.  EFF filed an amicus brief in the case

These are the basic facts: In 1981, Newsweek commissioned …