“How a Supreme Court Case About Andy Warhol’s Paintings of Prince Could Reshape Freedom of Expression” (featured quotes)

October 12, 2022

This week, the U.S. Supreme Court will hear a case centered on an art question with few easy answers. For insight, ARTNews turned to Marshall Gerstein Partner Julianne Hartzell and Associate Kelley Gordon. The case considers whether Andy Warhol violated photographer Lynn Goldsmith’s copyright when he used her photograph of Prince as the basis for a series of portraits. Julianne and Kelley explained that the Supreme Court’s decision may rest on whether the justices view Warhol’s use of Goldsmith’s image as “fair use.”

Both weighed in on the wide range of interest in the case. Kelley noted, “The briefs that are filed in support of each side really crossed the gamut. There are documentary filmmakers, there are photographers, there are museums. And they are split in half.”

Kelley also discussed the challenge the Supreme Court faces in making deliberations on an artwork’s purpose and character. She said, “The court system wasn’t intended to make judgement calls about the artistic value of something. There’s a fine line there in terms of making a judgment call as to the importance of the work within art history versus whether if the work is transformative.”

To read the full interview, please visit ARTNews.

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