Warhol's Prince image: Sotomayor and Kagan split over fair use
Sotomayor's Supreme Court majority and Kagan's dissent disagree over the first fair-use factor for the Foundation's 2016 magazine license of Orange Prince. Their arguments concern that commercial use, rather than every use of Warhol's artwork.
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Overview
This case examines the Foundation's first-factor fair-use defense for its 2016 commercial Orange Prince magazine license.
The May 18, 2023 decision concerns a particular license to Conde Nast, not every creation, display or sale of the Prince Series. The majority emphasizes the similar commercial magazine purpose. Kagan, joined by Chief Justice John Roberts, argues that the transformation of Goldsmith's photograph should carry greater weight under the first factor.
The Court was deciding that factor, not issuing a rule that all borrowing in art infringes. Neil Gorsuch's concurrence, joined by Ketanji Brown Jackson, also emphasizes the particular use under review.
Timeline
1 timeline entry on this page. Dates: May 18, 2023
May 2023
The Supreme Court rules on the magazine license's first fair-use factor
The Court rules 7-2 against the Foundation on that factor for the particular commercial license.
[01]Supreme Court of the United States
The Court considers the first fair-use factor for the Foundation's 2016 commercial magazine license, rather than every use of the Prince Series.
Supreme Court opinions in Andy Warhol Foundation v. Goldsmith · Supreme Court of the United StatesMajority pages 12-38; Kagan dissent; Gorsuch concurrence
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Original text
Supreme Court opinions in Andy Warhol Foundation v. Goldsmith
Relevant passage: Majority pages 12-38; Kagan dissent; Gorsuch concurrence
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The Court considers the first fair-use factor for the Foundation's 2016 commercial magazine license, rather than every use of the Prince Series.
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The Dispute Index. "Warhol's Prince image: Sotomayor and Kagan split over fair use". First published: 2026-10-25. Last updated: 2026-10-25. https://disputeindex.com/cases/warhol-goldsmith-orange-prince-magazine-license-fair-use