Deconstructing Andy Warhol Foundation v. Goldsmith

Tue 13th Jun, 2023 – 4:00pm–5:00pm

Posted by APA Admin Posted in Education


Tue 13th Jun, 2023

Zoom Webinar
2:00 pm Pacific
4:00 pm Central
5:00 PM Eastern


Free: APA Members

Register Now

Lynn Goldsmith's Gofundme page

Portrait of Lynn Goldsmith from her Facebook page.

Ronald Mann writing for the SCOTUSblog
Thursday’s (May 18) decision in Andy Warhol Foundation for the Visual Arts v. Goldsmith provides a major statement in the role that copyright law plays in fostering artistic creativity, as the court upheld the claim of a famed celebrity photographer, Lynn Goldsmith, that the Andy Warhol estate infringed her copyright in a photograph of the musician Prince when it licensed an image Warhol derived from that photograph to serve as a cover on a Condé Nast issue published shortly after Prince’s death. In a particularly unusual line-up, Justice Sonia Sotomayor wrote for a majority of seven; Justice Neil Gorsuch, joined by Justice Ketanji Brown Jackson, agreed with her opinion and wrote a brief separate opinion. Only Justice Elena Kagan, joined by Chief Justice John Roberts, dissented.

Attorney Stephen Doniger will explain the Supreme Court verdict and help us understand the specifics of this case and the implications of what is Fair Use.

Topics that will be covered:

  • Review the Supreme Court verdict.
  • After Lynn Goldsmith had contacted the Warhol Foundation regarding possible licensing of her photo, they sued her first. How is that possible?
  • How will this verdict affect that lawsuit?
  • How might it affect other cases?
  • Does this case affect other cases when famous artists appropriate a photographer's work?
  • How does the Registration of Copyright affect the outcome when you have been infringed?

This is a free event only open to APA members. To register, use EventBrite so we can verify your membership or find the Zoom link for the member-only event on our new private discussion APA Connected Community.

About Stephen Doniger

Stephen Doniger is a partner at Doniger Burroughs, a firm with offices in Los Angeles and New York that focuses on business disputes in general and intellectual property in particular, representing photographers, authors, fine artists, and clients in the marketing, fashion, entertainment, real estate and hospitality industries. Known for his exceptional record of success in copyright and trademark litigation, Mr. Doniger has earned a spot on the Southern California Super Lawyers, an honor bestowed on only 5% of lawyers in Southern California, and been selected as the exclusive copyright law expert and recommended attorney for California by Global Law Experts. He serves as counsel for the APA, and has been a featured speaker and contributing author for for a wide range of groups and publications.