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. 

𝘛𝘩𝘦 𝘈𝘯𝘥𝘺 𝘞𝘢𝘳𝘩𝘰𝘭 𝘍𝘰𝘶𝘯𝘥𝘢𝘵𝘪𝘰𝘯 𝘧𝘰𝘳 𝘵𝘩𝘦 𝘝𝘪𝘴𝘶𝘢𝘭 𝘈𝘳𝘵𝘴, 𝘐𝘯𝘤. 𝘷. 𝘓𝘺𝘯𝘯 𝘎𝘰𝘭𝘥𝘴𝘮𝘪𝘵𝘩 𝘢𝘯𝘥 𝘓𝘺𝘯𝘯 𝘎𝘰𝘭𝘥𝘴𝘮𝘪𝘵𝘩, 𝘓𝘵𝘥.  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? 

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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