Klarquist associate Caroline Desmond presented Andy Warhol, Prince, and an Android Walk into a Bar on June 15th.
This CLE discussed two of the most significant Supreme Court decisions to issue in the last two years regarding fair use under copyright law: Google LLC v. Oracle Am., Inc., 141 S. Ct. 1183 (2021) and Andy Warhol Found. for the Visual Arts, Inc. v. Goldsmith, 143 S. Ct. 1258 (2023). Caroline discussed how these cases illustrate fair use as a “flexible concept” with varying protection where the copyrighted work serves an artistic versus a utilitarian purpose. In addition, this CLE examined whether the recent Warhol decision is really a dramatic shift in the Court’s fair use jurisprudence (or not) and the potential implications of this decision.