Supreme Court of the United States · Official docket →
Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 19-2420 · judgment August 24, 2021
Before the decision, about 3.9× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition.
Question presented
This Court has repeatedly made clear that a work of art is "transformative" for purposes of fair use under the Copyright Act if it conveys a different "meaning or message" from its source material. Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 579 (1994); Google LLC v. Oracle Am., Inc., 141 8. Ct. 1183, 1202 (2021). In the decision below, the Second Circuit nonetheless held that a court is in fact forbidden from trying to "ascertain the intent behind or meaning of the works at issue." App. 22a-23a. Instead, the court concluded that even where a new work indisputably conveys a distinct meaning or message, the work is not transformative if it "recognizably deriv[es] from, and retain[s] the essential elements of, its source material." Id. at 24a. The question presented is: Whether a work of art is "transformative" when it conveys a different meaning or message from its source material (as this Court, the Ninth 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 Second Circuit has held).
Counsel of record
For petitioner
Roman Martinez V
Latham & Watkins, LLP
For respondent
Lisa S. Blatt
Williams & Connolly LLP
Case
Conference history
Distributed for 2 conferences
Amicus briefs
4 cert-stage · 37 merits
(17 supporting pet./neither, 20 respondent)
Argument & decision
Argued October 12, 2022 — Roman Martinez · Lisa S. Blatt. Audio and transcript
Decided May 18, 2023. Opinion by Sotomayor.
Proceedings
- Jun 20 2023Judgment issued.
- May 18 2023Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Jackson, J., joined. Kagan, J., filed a dissenting opinion, in which Roberts, C. J., joined.
- Oct 12 2022Argued. For petitioner: Roman Martinez, Washington, D. C. For respondents: Lisa S. Blatt, Washington, D. C.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
- Sep 28 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
- Sep 07 2022Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)
- Aug 15 2022Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
- Aug 15 2022Brief amicus curiae of Jeffrey Sedlik, Professional, Photographer and Photography Licensing Expert filed. (Distributed)
- Aug 15 2022Brief amicus curiae of Digital Media Licensing Association filed. (Distributed)
- Aug 15 2022Brief amicus curiae of Prof. Zvi S. Rosen filed. (Distributed)
- Aug 15 2022Brief amicus curiae of Senator Marsha Blackburn filed. (Distributed)
- Aug 15 2022Brief amicus curiae of Professor Guy A. Rub filed. (Distributed)
- Aug 15 2022Brief amicus curiae of Dr. Seuss Enterprises, L.P. filed. (Distributed)
- Aug 15 2022Brief amici curiae of Institute for Intellectual Property and Social Justice and Intellectual-Property Professors filed. (Distributed)
- Aug 15 2022Brief amici curiae of Photographers Gary Bernstein and Julie Dermansky filed. (Distributed)
- Aug 15 2022Brief amici curiae of American Society of Media Photographers, Inc., et al. filed. (Distributed)
- Aug 15 2022Brief amicus curiae of Screen Actors Guild-American Federation of Television and Radio Artists filed. (Distributed)
- Aug 15 2022Brief amicus curiae of Association of American Publishers filed. (Distributed)
- Aug 15 2022Brief amicus curiae of Professor Terry Kogan filed. (Distributed)
- Aug 15 2022Brief amicus curiae of Committee for Justice filed. (Distributed)
- Aug 15 2022Brief amici curiae of California Society of Entertainment Lawyers, et al. filed. (Distributed)
- Aug 15 2022Brief amici curiae of The Recording Industry Association of America and The National Music Publishers Association filed. (Distributed)
- Aug 15 2022Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Public Policy Studies filed. (Distributed)
- Aug 15 2022Brief amicus curiae of United States filed. (Distributed)
- Aug 12 2022Brief amici curiae of Graphic Artists Guild, Inc. and American Society for Collective Rights Licensing, Inc. filed. (Distributed)
- Aug 12 2022Brief amicus curiae of Philippa S. Loengard filed. (Distributed)
- Aug 11 2022Brief amici curiae of Professors Peter S. Menell, Shyamkrishna Balganesh, and Jane C. Ginsburg as Amici Curiae in Support of Respondents filed. (Distributed)
- Aug 08 2022Brief of respondents Lynn Goldsmith, et al. filed. (Distributed)
- Jul 21 2022CIRCULATED
- Jun 27 2022The record from the U.S.C.A. 2nd Circuit has been electronically filed.
- Jun 22 2022Record requested from the 2nd Circuit.
- Jun 17 2022Brief amici curiae of Electronic Frontier Foundation, et al. filed.
- Jun 17 2022Brief amicus curiae of Floor64, Inc. d/b/a The Copia Institute filed.
- Jun 17 2022Brief amici curiae of Authors Guild, Inc., et al. in support of neither party filed.
- Jun 17 2022Brief amicus curiae of The Motion Picture Association, Inc. in support of neither party filed.
- Jun 17 2022Brief amici curiae of Art Institute of Chicago, et al. in support of neither party filed.
- Jun 17 2022Brief amicus curiae of Authors Alliance filed.
- Jun 17 2022Brief amici curiae of Library Futures Institute, et al. in support of neither party filed.
- Jun 17 2022Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
- Jun 17 2022Brief amicus curiae of American Intellectual Property Law Association in suppoprt of neither party filed.
- Jun 17 2022Brief amicus curiae of Art Professor Richard Meyer in support of neither party filed.
- Jun 17 2022Brief amici curiae of Artists, et al. filed.
- Jun 17 2022Brief amicus curiae of Copyright Alliance in support of neither party filed.
- Jun 17 2022Brief amici curiae of Copyright Law Professors filed.
- Jun 17 2022Brief amici curiae of Documentary Filmmakers filed.
- Jun 17 2022Brief amici curiae of The Robert Rauschenberg Foundation, et al. filed.
- Jun 16 2022Brief amicus curiae of Art Law Professors filed.
- Jun 15 2022Brief amicus curiae of Royal Manticoran Navy: The Official Honor Harrington Fan Association, Inc. filed.
- Jun 14 2022ARGUMENT SET FOR Wednesday, October, 12, 2022.
- Jun 10 2022Brief of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed.
- Jun 10 2022Joint appendix (Volumes I and II) filed. (Statement of cost filed)
- 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.
- 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.
- Apr 18 2022Motion for an extension of time to file the briefs on the merits filed.
- Mar 28 2022Petition GRANTED.
- Mar 21 2022DISTRIBUTED for Conference of 3/25/2022.
- 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)
- Feb 04 2022Brief of respondents Lynn Goldsmith, et al. in opposition 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.
- Jan 10 2022Brief amici curiae of Copyright Law Professors filed.
- Jan 10 2022Brief amici curiae of Barbara Kruger and Robert Storr filed.
- Dec 30 2021Motion to extend the time to file a response is granted and the time is extended to and including February 11, 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 09 2021Petition for a writ of certiorari filed. (Response due January 12, 2022)