Home Industry News Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses
In its landmark 1994 decision Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994), the U.S. Supreme Court’s ruled that Campbell’s creation of a rap parody version of a popular Roy
Orbison song could be fair use because it transformed the original song by adding something new, with a different purpose, or a new meaning or message. Since then, courts in the U.S. have grappled with how broadly or narrowly to interpret the concept of transformativeness when assessing fair use defenses to charges of copyright infringement. The