Cardozo Arts & Entertainment Law Journal
Abstract
The article argues that courts are ill-equipped to interpret the meaning of art, particularly in fair use cases, as seen in the Supreme Court's decision in Warhol Foundation v. Goldsmith. The Court's reliance on determining the meaning of art exacerbates confusion and inconsistency in fair use jurisprudence, highlighting the need for alternative approaches that avoid judicial interpretation of artistic meaning.
Disciplines
Antitrust and Trade Regulation | Criminal Law | Criminal Procedure | Entertainment, Arts, and Sports Law | First Amendment | Law
Recommended Citation
Amy Adler,
Why Courts Should Not Interpret the Meaning of Art,
42
Cardozo Arts & Ent. L.J.
655
(2024).
Available at:
https://larc.cardozo.yu.edu/cardozoaelj/vol42/iss3/6
Included in
Antitrust and Trade Regulation Commons, Criminal Law Commons, Criminal Procedure Commons, Entertainment, Arts, and Sports Law Commons, First Amendment Commons