Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
21-869	2nd Cir.	Oct 12, 2022	May 18, 2023	7-2	Sotomayor	OT 2022

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.

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Date	Proceedings and Orders (key to color coding)
12/09/2021	Petition for a writ of certiorari filed. (Response due January 12, 2022)
12/29/2021	Motion to extend the time to file a response from January 12, 2022 to February 11, 2022, submitted to The Clerk.
12/30/2021	Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2022.
01/10/2022	Brief amici curiae of Copyright Law Professors filed.
01/10/2022	Brief amici curiae of Barbara Kruger and Robert Storr filed.
01/12/2022	Brief amici curiae of Art Law Professors filed.
01/12/2022	Brief amici curiae of The Robert Rauschenberg Foundation, Roy Lichtenstein Foundation, and Brooklyn Museum filed.
02/04/2022	Brief of respondents Lynn Goldsmith, et al. in opposition filed.
02/23/2022	DISTRIBUTED for Conference of 3/18/2022.
02/23/2022	Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)
03/21/2022	DISTRIBUTED for Conference of 3/25/2022.
03/28/2022	Petition GRANTED.
04/18/2022	Motion for an extension of time to file the briefs on the merits filed.
05/02/2022	Blanket Consent filed by Respondent, Lynn Goldsmith, et al.
05/02/2022	Blanket Consent filed by Petitioner, The Andy Warhol Foundation for the Visual Arts, Inc.
05/04/2022	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2022. The time to file respondents' brief on the merits is extended to and including August 8, 2022.
06/10/2022	Brief of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed.
06/10/2022	Joint appendix (Volumes I and II) filed. (Statement of cost filed)
06/14/2022	ARGUMENT SET FOR Wednesday, October, 12, 2022.
06/15/2022	Brief amicus curiae of Royal Manticoran Navy: The Official Honor Harrington Fan Association, Inc. filed.
06/16/2022	Brief amicus curiae of Art Law Professors filed.
06/17/2022	Brief amici curiae of Electronic Frontier Foundation, et al. filed.
06/17/2022	Brief amicus curiae of Floor64, Inc. d/b/a The Copia Institute filed.
06/17/2022	Brief amici curiae of Authors Guild, Inc., et al. in support of neither party filed.
06/17/2022	Brief amicus curiae of The Motion Picture Association, Inc. in support of neither party filed.
06/17/2022	Brief amici curiae of Art Institute of Chicago, et al. in support of neither party filed.
06/17/2022	Brief amicus curiae of Authors Alliance filed.
06/17/2022	Brief amici curiae of Library Futures Institute, et al. in support of neither party filed.
06/17/2022	Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
06/17/2022	Brief amicus curiae of American Intellectual Property Law Association in suppoprt of neither party filed.
06/17/2022	Brief amicus curiae of Art Professor Richard Meyer in support of neither party filed.
06/17/2022	Brief amici curiae of Artists, et al. filed.
06/17/2022	Brief amicus curiae of Copyright Alliance in support of neither party filed.
06/17/2022	Brief amici curiae of Copyright Law Professors filed.
06/17/2022	Brief amici curiae of Documentary Filmmakers filed.
06/17/2022	Brief amici curiae of The Robert Rauschenberg Foundation, et al. filed.
06/22/2022	Record requested from the 2nd Circuit.
06/27/2022	The record from the U.S.C.A. 2nd Circuit has been electronically filed.
07/21/2022	CIRCULATED
08/08/2022	Brief of respondents Lynn Goldsmith, et al. filed. (Distributed)
08/11/2022	Brief amici curiae of Professors Peter S. Menell, Shyamkrishna Balganesh, and Jane C. Ginsburg as Amici Curiae in Support of Respondents filed. (Distributed)
08/12/2022	Brief amici curiae of Graphic Artists Guild, Inc. and American Society for Collective Rights Licensing, Inc. filed. (Distributed)
08/12/2022	Brief amicus curiae of Philippa S. Loengard filed. (Distributed)
08/15/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
08/15/2022	Brief amicus curiae of Jeffrey Sedlik, Professional, Photographer and Photography Licensing Expert filed. (Distributed)
08/15/2022	Brief amicus curiae of Digital Media Licensing Association filed. (Distributed)
08/15/2022	Brief amicus curiae of Prof. Zvi S. Rosen filed. (Distributed)
08/15/2022	Brief amicus curiae of Senator Marsha Blackburn filed. (Distributed)
08/15/2022	Brief amicus curiae of Professor Guy A. Rub filed. (Distributed)
08/15/2022	Brief amicus curiae of Dr. Seuss Enterprises, L.P. filed. (Distributed)
08/15/2022	Brief amici curiae of Institute for Intellectual Property and Social Justice and Intellectual-Property Professors filed. (Distributed)
08/15/2022	Brief amici curiae of Photographers Gary Bernstein and Julie Dermansky filed. (Distributed)
08/15/2022	Brief amici curiae of American Society of Media Photographers, Inc., et al. filed. (Distributed)
08/15/2022	Brief amicus curiae of Screen Actors Guild-American Federation of Television and Radio Artists filed. (Distributed)
08/15/2022	Brief amicus curiae of Association of American Publishers filed. (Distributed)
08/15/2022	Brief amicus curiae of Professor Terry Kogan filed. (Distributed)
08/15/2022	Brief amicus curiae of Committee for Justice filed. (Distributed)
08/15/2022	Brief amici curiae of California Society of Entertainment Lawyers, et al. filed. (Distributed)
08/15/2022	Brief amici curiae of The Recording Industry Association of America and The National Music Publishers Association filed. (Distributed)
08/15/2022	Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Public Policy Studies filed. (Distributed)
08/15/2022	Brief amicus curiae of United States filed. (Distributed)
09/07/2022	Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)
09/28/2022	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
10/12/2022	Argued. For petitioner: Roman Martinez, Washington, D. C. For respondents: Lisa S. Blatt, Washington, D. C.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
05/18/2023	Adjudged to be AFFIRMED. Sotomayor, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/22pdf/21-869_87ad.pdf'>opinion</a> of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Jackson, J., joined. Kagan, J., filed a dissenting opinion, in which Roberts, C. J., joined.
06/20/2023	Judgment issued.