The United States government filed an amicus brief on Monday, August 15, 2022, supporting photographer Lynn Goldsmith in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, a United States Supreme Court case concerning the fair use defense in copyright cases.
On Monday, March 28, 2022, the United States Supreme Court granted a writ of certiorari in The Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith and Lynn Goldsmith, Ltd. The case seeks to clarify a split between the Ninth Circuit Court of Appeals and the Second Circuit Court of Appeals concerning the fair use defense in copyright cases.
The Second Circuit Court of Appeals issued a ruling on Friday, March 26, 2021, holding that Andy Warhol's series of prints depicting the musical artist Prince are not transformative fair use under copyright law. The three-judge panel further ruled that Warhol's prints and Lynn Goldsmith's photograph, the source material for Warhol's prints, are substantially similar as a matter of law.