Fields:
Intellectual Property Law, Copyright Law
The Supreme Court of the United States is the ultimate judicial authority for all cases and matters arising under the Constitution and was established by the Judiciary Act of 1789. Article III, Section I states that “The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.” By establishing the Court as an independent judicial body in which its judgments are isolated from the influence of popular opinion and the coordinate branches of government, the Constitution stipulates a central role for the Supreme Court in the system of the government of United States.
In the upcoming 13th session of the Model Courts of Justice, a case concerning transformative use, a component of fair use under the U.S. copyright law, will be discussed. The United States Supreme Court will examine the Warhol v. Goldsmith case this year.
Lynn Goldsmith photographed Prince in 1981, and the images were eventually leased to Vanity Fair. Without Goldsmith’s permission, Andy Warhol developed a series of artworks based on one of these photographs. Following Prince’s death in 2016, Vanity Fair approached the Andy Warhol Foundation for permission to reproduce Warhol’s work. After discovering the Prince Series, Goldsmith registered the copyright and notified the foundation of the unauthorized use. Goldsmith claimed that the use of Warhol’s photograph constituted copyright infringement, while the AWF Foundation claimed that the work constituted fair use.
SDGs:
