Warhol's foundation asserts the artwork falls under the fair use doctrine, which permits reproduction of copyrighted material without permission in some circumstances, such as for criticism.
If an artist repainted a replica of the Mona Lisa with a blue dress, Alito suggested, most people might not see an important difference between the two images. But an expert in Renaissance art, Alito said, likely would perceive an enormously different message.if the Warhol image doesn't project a different message largely because Warhol himself is such a well recognized American artist.
But Chief Justice John Roberts seemed to push back on that analysis at one point, recalling that Warhol's position is that the silkscreen offered a vastly different meaning. The court's decision in the case, which is not expected until next year, could significantly change how courts interpret and enforce copyright protection. Its decision may have all the way up to the nation's multi-billion movie industry, which filed a friend of the court brief in the case. Goldsmith argues Warhol's test would upend copyright, allowing someone to reproduce a popular movie with a slightly altered ending and claim that it conveyed a new meaning and was not infringement.
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