West Virginia University College of Law professor Caroline Osborne recently posted new scholarship to SSRN. The work is co-authored with Stephen Wolfson of the University of Pennsylvania Libraries and titled Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, A Narrow Ruling or a Transformational Decision? An Essay.
From the abstract:
The 2023 United States Supreme Court decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith is the first copyright decision in decades to visit the concept of fair use and transformative use. In a fiery majority decision with an even fiercer dissent, the court restricts the concept of fair use creating a lasting impact on derivative works, licensing, and appropriation art. Arguably restoring balance to factor one, purpose and character of the use, it questionably conflates the analysis of factor four, market effect, in favor of affirming factor one’s analysis as the justification premise as originally posed by Judge Leval in 1990.
Professor Osborne's article has already been cited by a brief filed in the 11th Circuit Court of Appeals in Apple Inc. v. Corellium, Inc.: Reply in Support of Petition for Panel Rehearing and Rehearing En Banc
Find more of Professor Osborne's scholarship on SSRN and her SelectedWorks scholarship profile.