Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 598 U.S. 508 (2023), is a U.S. Supreme Court case dealing with transformative use, a component of fair use, under U.S. copyright law. At issue was the Prince Series created by Andy Warhol based on a photograph of the musician Prince by Lynn Goldsmith. It held Warhol's changes were insufficiently transformative to fall within fair use for commercial purposes, resolving an issue arising from a split between the Second and Ninth circuits among others.
Goldsmith had taken her photograph in 1981 on assignment for Newsweek and retained copyright on it afterwards; it was not published. Three years later, Vanity Fair licensed the image for Andy Warhol to use as a reference for a silkscreen illustration of Prince to be published, by agreement with Goldsmith, only once, with her credited. But Warhol used the image as the basis for his Prince Series without asking or notifying Goldsmith; she only learned of the images' existence when Vanity Fair's publisher, Condé Nast, used one as the cover image, with no attribution, for a special tribute magazine to Prince after his death in 2016, which was licensed by the Andy Warhol Foundation (AWF). Litigation ensued in federal court between Goldsmith and the Warhol Foundation, which has administered the artist's works since his death, over whether Warhol's reuse of the image had infringed her copyright. The Southern District of New York sided with the foundation in 2019, but was reversed by the Second Circuit two years later.