The Easel

23rd May 2023

Supreme Court sides against Andy Warhol Foundation in copyright infringement case

When is it fair to copy the work of another artist? In a much-anticipated decision, the US Supreme Court has ruled that the Warhol Foundation infringed copyright in their use of a Prince photograph. Some think the decision may limit the “fair use” exemptions to licensing requirements, thus restricting artists’ freedom. A dissenting Justice objected “it will stifle creativity of every sort. Creative progress unfolds through use and re-use. The Court has turned its back on how creativity works”.