Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith

The Court said the Andy Warhol Foundation's commercial licensing of Orange Prince to Condé Nast did not favor fair use of Lynn Goldsmith's Prince photograph. It affirmed the Second Circuit.

Commercial users of copyrighted images may face a harder fair-use argument when their new work serves a similar licensing purpose. This affects artists, publishers, and companies licensing altered images for magazines or other paid uses.

Lower courts will apply the decision when assessing commercial fair-use claims involving altered artworks. Artists, publishers, and licensors may reassess permissions for commercial uses of copyrighted source images.

The Court said the Foundation's commercial licensing of Orange Prince did not favor fair use of Goldsmith's Prince photograph. It affirmed the Second Circuit.

Artists, publishers, and companies licensing altered copyrighted images for paid uses may be affected. Commercial licensing for a similar purpose can weigh against fair use.

Lower courts will use the decision in future fair-use disputes. Copyright owners and commercial licensors may review whether permission is needed for altered images.