Intellectual Property Litigation: Supreme Court Considering Scope of “Transformativeness” Fair-Use Factor

Litigation partner Catherine Nyarady’s latest intellectual property litigation column, “Supreme Court Considering Scope of ‘Transformativeness’ Fair-Use Factor,” appeared in the September 14 issue of the New York Law Journal. Catherine discusses an upcoming Supreme Court case, Andy Warhol Foundation for Visual Arts v. Goldsmith, in which the justices will consider whether courts assessing transformativeness under the Copyright Act’s first of four fair-use factors may consider the meaning of the accused work when it recognizably derives from the source material. Their decision could significantly impact the fair use analysis of copyrighted works and the scope of copyright protection overall. Litigation associate Michael Milea assisted in the preparation of the article.

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