Warhol Case Likely to ‘Diminish but Not Eliminate’ Creative Use of Previous Artworks

Recently, the U.S. Supreme Court ruled 7-2 against the Andy Warhol Foundation in a copyright dispute over a portrait of Prince that Warhol created using a photograph by another artist, Lynn Goldsmith.

"The court's opinion will likely diminish – but not eliminate – the amount of borrowing or building on previous creative works by artists that takes place commercially. This also has implications for works generated by artificial intelligence (AI)," said Michael J. Schwab, an attorney in Moritt Hock & Hamroff's intellectual property practice.

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