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

Docket No. Op. Below Argument Opinion Vote Author Term
21-869 2nd Cir. TBD TBD TBD TBD OT 2022

Issue: Whether a work of art is “transformative” when it conveys a different meaning or message from its source material (as the Supreme Court, U.S. Court of Appeals for the 9th Circuit, and other courts of appeals have held), or whether a court is forbidden from considering the meaning of the accused work where it “recognizably deriv[es] from” its source material (as the U.S. Court of Appeals for the 2nd Circuit has held).

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.