Justices Urged To Clarify Fair Use Through Warhol Art IP Row

Sullivan's Nicholas M. O'Donnell was quoted in the article, "Justices Urged To Clarify Fair Use Through Warhol Art IP Row," published by Law360 [sub. req.] on August 12, 2022.

The article discusses the ongoing copyright battle over Andy Warhol's artwork based on a photo of musician Prince. The head of the American Bar Association's copyright division said, concerning the suit, that the U.S. Supreme Court should establish a clear standard for fair use and that this is a chance for the court to spell out what counts as a transformative work.

Regarding this comment, Nicholas added, "The idea of transformativeness as conclusive evidence of fair use — particularly in visual art — has overwhelmed, in recent years, the balance between creative expression and economic protection that Section 107 of the Copyright Act strikes."