What is the meaning or message communicated by visual
art? The Supreme Court is squarely
presented with the question of how to interpret visual art in Andy Warhol
Foundation for the Visual Arts, Inc. v. Goldsmith. Precedent asks whether the secondary use of
material is “transformative” in that it “adds something new and important.”
However, visual art presents challenges that prior, text-based works did not.
This panel explores the unique posture of visual art in fair
use, examines broader doctrinal and policy issues, and considers the shift in
the current Supreme Court’s conceptualization of copyright law.