What is Fair Use After the Warhol Case?

Fair Use allows for copyrighted works to be used in certain circumstances. When Fair Use is contested, the issue frequently involves whether a new work is “transformative.” The Supreme Court decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith proposed some new criteria for evaluating whether something is transformative or not. The decision will have implications for current and future works, particularly in the digital space where Fair Use is a common justification for incorporating copyrighted material.

Zvi S. Rosen is Assistant Professor of Law at Southern Illinois University Simmons Law School.