Cardozo Arts & Entertainment Law Journal
Abstract
The keynote address critiques the Supreme Court's decision in Andy Warhol Foundation v. Goldsmith for its flawed approach to interpreting the meaning of art in copyright law, particularly in the context of fair use. It argues that courts are ill-equipped to determine the meaning of art, as art often resists reduction to discrete messages or meanings. The Court's reliance on visual analysis and its failure to provide clear guidance on how to assess meaning exacerbate these problems, leading to confusion in lower courts and potentially stifling artistic expression.
Disciplines
Antitrust and Trade Regulation | Criminal Law | Criminal Procedure | Entertainment, Arts, and Sports Law | First Amendment | Law
Recommended Citation
Amy Adler,
Keynote Address: Adjudicating Art,
42
Cardozo Arts & Ent. L.J.
569
(2024).
Available at:
https://larc.cardozo.yu.edu/cardozoaelj/vol42/iss3/3
Included in
Antitrust and Trade Regulation Commons, Criminal Law Commons, Criminal Procedure Commons, Entertainment, Arts, and Sports Law Commons, First Amendment Commons