News & Analysis as of

Art Supreme Court of the United States

Sullivan & Worcester

Making Sense of Canada and Mexico Tariffs in the Art Market

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Making Sense of Canada, Mexico Tariffs in the Art Market - On March 4, 2025, the White House officially announced the commencement of supplemental 25% ad valorem tariffs on products from Mexico and Canada above the...more

Sullivan & Worcester

Look to the Purpose, not the Meaning—Supreme Court Rejects Warhol Foundation’s Fair Use Defense Against Lynn Goldsmith

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The Supreme Court of the United States has issued its long-awaited ruling in the dispute between photographer Lynn Goldsmith and the Andy Warhol Foundation for the Visual Arts (AWFVA) on May 18, 2023. The Court held the...more

Miller Canfield

Supreme Court Rules Against Andy Warhol Foundation in Question About Fair Use

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For the first time in almost 20 years, the United States Supreme Court has issued a ruling that has prompted vigorous debate over the future of the fair use doctrine under the Copyright Act. On May 18, 2023, in Andy Warhol...more

Freeman Law

A Picture, A Painting, and A Prince: The Supreme Court Addresses the ‘Fair Use’ Doctrine

Freeman Law on

On May 18, 2023, the U.S. Supreme Court issued its 43-page majority opinion in the case of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, No. 21-869, 598 U.S. Facts. The facts of the case center around...more

Fox Rothschild LLP

A Royal Circuit Split: Supreme Court Will Decide on “Prince Series” Copyright Controversy

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The United States Supreme Court granted certiorari to review the Second Circuit’s inconsistent application of the fair use doctrine when it comes to copyrighted art. The case at issue assesses whether the infamous “Prince...more

Fox Rothschild LLP

Supreme Court Grants Win to Victims of Nazi Art Theft

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In a unanimous decision, the US Supreme Court has brought to a close an 83-year quest by the family of Jewish refugees from Nazi Germany to recover a stolen painting....more

Fox Rothschild LLP

Art or Infringement: The Copyright Battle Over Images of Prince

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On Monday, March 28, the Supreme Court agreed to hear a copyright case about Andy Warhol’s artwork that will evaluate the scope of the fair use defense, which permits a party to use a copyrighted work without the owner’s...more

Felicello Law PC

Warhol Again Begs the Question: What is Art?

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Sixty years after Andy Warhol first painted Campbell Soup cans, the question of “what is art?” is again being asked of one of his works. But this time the question is being asked in the highest court of the land rather than...more

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