Andy Warhol and the Art of Judging Art

About this episode

The episode discusses a Supreme Court case involving the Andy Warhol Foundation and copyright issues related to art.

The law protects creators' original work against copycats, but it also leaves the door open for some kinds of copying. When a photographer sues the Andy Warhol Foundation for using her work without permission, the justices struggle not to play art critics as they decide the case. More Perfect explores how this star-studded case offers a look at how this Court actually makes decisions. Voices in the episode include: • David Hobbs — known as Mr. Mixx, co-founder of the hip-hop group 2 Live Crew • Jerry Saltz — senior art critic and columnist for New York magazine • Pierre Leval — judge on U.S. Court of Appeals for the Second Circuit • Jeannie Suk Gersen — More Perfect legal advisor, Harvard Law professor, New Yorker writer • Lynn Goldsmith — photographer • Andy Warhol — as himself Learn more: • 1994: Campbell v. Acuff-Rose Music, Inc. • 2023: Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith • "Toward A Fair Use Standard" by Pierre Leval • The Andy Warhol Foundation Shadow dockets, term limits, amicus briefs — what puzzles you about the Supreme Court? What stories are you curious about? We want to answer your questions in our next season. Click here to leave us a voice…

People in this episode

Guests: Andy Warhol, David Hobbs, Jerry Saltz, Pierre Leval, Jeannie Suk Gersen, Lynn Goldsmith

Topics covered

• art
• law
• copyright
• Supreme Court
• judicial decision-making

Keywords

• copyright law
• art criticism
• fair use
• photography

Mentioned in this episode

Products: Andy Warhol Foundation

Books & works: More Perfect, Toward A Fair Use Standard

Places: New York

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