Duke Law Podcast | The Supreme Court as art critic? ('Warhol v. Goldsmith')
While the artist Prince rocked fans for decades, an upcoming U.S. Supreme Court case concerning a 1981 portrait of him could potentially rock America's copyright law and fair use doctrine.ย
๐๐ฉ๐ฆ ๐๐ฏ๐ฅ๐บ ๐๐ข๐ณ๐ฉ๐ฐ๐ญ ๐๐ฐ๐ถ๐ฏ๐ฅ๐ข๐ต๐ช๐ฐ๐ฏ ๐ง๐ฐ๐ณ ๐ต๐ฉ๐ฆ ๐๐ช๐ด๐ถ๐ข๐ญ ๐๐ณ๐ต๐ด, ๐๐ฏ๐ค. ๐ท. ๐๐บ๐ฏ๐ฏ ๐๐ฐ๐ญ๐ฅ๐ด๐ฎ๐ช๐ต๐ฉ ๐ข๐ฏ๐ฅ ๐๐บ๐ฏ๐ฏ ๐๐ฐ๐ญ๐ฅ๐ด๐ฎ๐ช๐ต๐ฉ, ๐๐ต๐ฅ. ย is set to be heard by the U.S. Supreme Court on October 12, 2022, and has seemingly positioned the justices as art critics tasked with determining if famed pop artist Andy Warhol infringed on photographer Lynn Goldsmith's copyright of the photo. Or, is the silk-screen series that Warhol created based on Goldsmith's photo legal under copyright's fair use doctrine? The case pits one artist's copyright against another artist's ability to build upon prior works. Who should win?ย
In this episode, the Duke Law Podcast turns to Jennifer Jenkins, clinical professor of law and director of the Center for the Study of the Public Domain at Duke, and Christopher Buccafusco, the Edward & Ellen Schwarzman Professor of Law at Duke Law, for answers.
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