Author: Susan J. Lutzker
Published: August 26th, 2021
Less than two weeks after the United States Court of Appeals for the Second Circuit issued its decision in The Andy Warhol Foundation v. Goldsmith, narrowing the range of works which can be considered ‘transformative’ under a fair use analysis, the Supreme Court issued its opinion in Google v. Oracle. Claiming that the Supreme Court’s decision in Google required a different result in its case, The Andy Warhol Foundation requested a rehearing. Upon rehearing, the Second Circuit Court of Appeals addressed the Google case in an amended opinion but stood by its original holding.
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