Abstract

The U.S. Supreme Court’s recent decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith (hereinafter “AWF”) provides new guidance on how courts should analyze copyright’s fair use doctrine and downplays the role that a second work’s transformation of the underlying material plays in making that determination. Nested within this copyright case is another legal issue, one that brings together privacy interests and intellectual property and is rooted in a person. This body of law in the United States is often termed “the right of publicity.”