United States, Georgia, Clarke County, Athens, 33.96095, -83.37794Frye, Brian L.2025<p>What is fair use? In <em>Warhol v. Goldsmith</em>, the Supreme Court held that licensing a painting based on a photograph wasn’t a transformative fair use, because the painting competed with the photograph in the market for images of the same person. This article tells the story of <em>Warhol v. Goldsmith</em>, analyzes the opinion, and explains how it changed copyright doctrine. It also presents a theory of how appropriation artists can use the public domain to insulate themselves from liability for copyright infringement.</p>Warhol -- Copyright -- Fair Use -- Art and Design -- Intellectual Property Law -- Lawapplication/pdfhttp://rightsstatements.org/vocab/InC/1.0/Intellectual property lawyersIntellectual propertyUniversity of Georgia. School of LawLaw--Study and teachingArt Wants to Be FreeText