Holding: The “purpose and character” of the Andy Warhol Foundation’s particular commercial use of Lynn Goldsmith’s photograph — 17 U.S.C. § 107(1) — does not favor AWF’s “fair use” defense to copyright infringement.
Judgment: Affirmed, 7-2, in an opinion by Justice Sotomayor on May 18, 2023. Justice Gorsuch filed a concurring opinion, in which Justice Jackson joined. Justice Kagan filed a dissenting opinion, in which Chief Justice Roberts joined.
Supreme Court Opinion here.