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

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Docket No. Op. Below Argument Opinion Vote Author Term
21-869 2nd Cir. Oct 12, 2022
 May 18, 2023 7-2 Sotomayor OT 2022

Holding: The “purpose and character” of the Andy Warhol Foundation’s particular commercial use of Lynn Goldsmith’s photograph — 17 U.S.C. § 107(1) — does not favor AWF’s “fair use” defense to copyright infringement.

Judgment: Affirmed, 7-2, in an opinion by Justice Sotomayor on May 18, 2023. Justice Gorsuch filed a concurring opinion, in which Justice Jackson joined. Justice Kagan filed a dissenting opinion, in which Chief Justice Roberts joined.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Dec 09 2021Petition for a writ of certiorari filed. (Response due January 12, 2022)
Dec 29 2021Motion to extend the time to file a response from January 12, 2022 to February 11, 2022, submitted to The Clerk.
Dec 30 2021Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2022.
Jan 10 2022Brief amici curiae of Copyright Law Professors filed.
Jan 10 2022Brief amici curiae of Barbara Kruger and Robert Storr filed.
Jan 12 2022Brief amici curiae of Art Law Professors filed.
Jan 12 2022Brief amici curiae of The Robert Rauschenberg Foundation, Roy Lichtenstein Foundation, and Brooklyn Museum filed.
Feb 04 2022Brief of respondents Lynn Goldsmith, et al. in opposition filed.
Feb 23 2022DISTRIBUTED for Conference of 3/18/2022.
Feb 23 2022Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)
Mar 21 2022DISTRIBUTED for Conference of 3/25/2022.
Mar 28 2022Petition GRANTED.
Apr 18 2022Motion for an extension of time to file the briefs on the merits filed.
May 02 2022Blanket Consent filed by Respondent, Lynn Goldsmith, et al.
May 02 2022Blanket Consent filed by Petitioner, The Andy Warhol Foundation for the Visual Arts, Inc.
May 04 2022Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2022. The time to file respondents' brief on the merits is extended to and including August 8, 2022.
Jun 10 2022Brief of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed.
Jun 10 2022Joint appendix (Volumes I and II) filed. (Statement of cost filed)
Jun 14 2022ARGUMENT SET FOR Wednesday, October, 12, 2022.
Jun 15 2022Brief amicus curiae of Royal Manticoran Navy: The Official Honor Harrington Fan Association, Inc. filed.
Jun 16 2022Brief amicus curiae of Art Law Professors filed.
Jun 17 2022Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Jun 17 2022Brief amicus curiae of Floor64, Inc. d/b/a The Copia Institute filed.
Jun 17 2022Brief amici curiae of Authors Guild, Inc., et al. in support of neither party filed.
Jun 17 2022Brief amicus curiae of The Motion Picture Association, Inc. in support of neither party filed.
Jun 17 2022Brief amici curiae of Art Institute of Chicago, et al. in support of neither party filed.
Jun 17 2022Brief amicus curiae of Authors Alliance filed.
Jun 17 2022Brief amici curiae of Library Futures Institute, et al. in support of neither party filed.
Jun 17 2022Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Jun 17 2022Brief amicus curiae of American Intellectual Property Law Association in suppoprt of neither party filed.
Jun 17 2022Brief amicus curiae of Art Professor Richard Meyer in support of neither party filed.
Jun 17 2022Brief amici curiae of Artists, et al. filed.
Jun 17 2022Brief amicus curiae of Copyright Alliance in support of neither party filed.
Jun 17 2022Brief amici curiae of Copyright Law Professors filed.
Jun 17 2022Brief amici curiae of Documentary Filmmakers filed.
Jun 17 2022Brief amici curiae of The Robert Rauschenberg Foundation, et al. filed.
Jun 22 2022Record requested from the 2nd Circuit.
Jun 27 2022The record from the U.S.C.A. 2nd Circuit has been electronically filed.
Jul 21 2022CIRCULATED
Aug 08 2022Brief of respondents Lynn Goldsmith, et al. filed. (Distributed)
Aug 11 2022Brief amici curiae of Professors Peter S. Menell, Shyamkrishna Balganesh, and Jane C. Ginsburg as Amici Curiae in Support of Respondents filed. (Distributed)
Aug 12 2022Brief amici curiae of Graphic Artists Guild, Inc. and American Society for Collective Rights Licensing, Inc. filed. (Distributed)
Aug 12 2022Brief amicus curiae of Philippa S. Loengard filed. (Distributed)
Aug 15 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Aug 15 2022Brief amicus curiae of Jeffrey Sedlik, Professional, Photographer and Photography Licensing Expert filed. (Distributed)
Aug 15 2022Brief amicus curiae of Digital Media Licensing Association filed. (Distributed)
Aug 15 2022Brief amicus curiae of Prof. Zvi S. Rosen filed. (Distributed)
Aug 15 2022Brief amicus curiae of Senator Marsha Blackburn filed. (Distributed)
Aug 15 2022Brief amicus curiae of Professor Guy A. Rub filed. (Distributed)
Aug 15 2022Brief amicus curiae of Dr. Seuss Enterprises, L.P. filed. (Distributed)
Aug 15 2022Brief amici curiae of Institute for Intellectual Property and Social Justice and Intellectual-Property Professors filed. (Distributed)
Aug 15 2022Brief amici curiae of Photographers Gary Bernstein and Julie Dermansky filed. (Distributed)
Aug 15 2022Brief amici curiae of American Society of Media Photographers, Inc., et al. filed. (Distributed)
Aug 15 2022Brief amicus curiae of Screen Actors Guild-American Federation of Television and Radio Artists filed. (Distributed)
Aug 15 2022Brief amicus curiae of Association of American Publishers filed. (Distributed)
Aug 15 2022Brief amicus curiae of Professor Terry Kogan filed. (Distributed)
Aug 15 2022Brief amicus curiae of Committee for Justice filed. (Distributed)
Aug 15 2022Brief amici curiae of California Society of Entertainment Lawyers, et al. filed. (Distributed)
Aug 15 2022Brief amici curiae of The Recording Industry Association of America and The National Music Publishers Association filed. (Distributed)
Aug 15 2022Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Public Policy Studies filed. (Distributed)
Aug 15 2022Brief amicus curiae of United States filed. (Distributed)
Sep 07 2022Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)
Sep 28 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
Oct 12 2022Argued. For petitioner: Roman Martinez, Washington, D. C. For respondents: Lisa S. Blatt, Washington, D. C.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
May 18 2023Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Jackson, J., joined. Kagan, J., filed a dissenting opinion, in which Roberts, C. J., joined.