Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, Amicus Brief Filed 6/17/2022
AIPLA submitted an amicus brief in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, the case addresses the role of transformativeness in the copyright fair use analysis. AIPLA urged three main points on the Court. First, the importance of a flexible, adaptable fair use doctrine, explaining that at least all four enumerated statutory fair use factors should be weighed and no one factor should be prioritized over all other factors found in 17 U.S.C. § 107. Second, AIPLA advocated for a more objective “reasonable perception” standard in determining a work’s purpose and meaning; which should mitigate against the impact of self-interested testimony and judicial preferences and yield more predictable outcomes. Third, AIPLA urged the Court to expressly reject a celebrity-plagiarist exception to copyright infringement because fair use should be applied equally to all and should not turn on whether an artist or their style is famous.