Andy Warhol and the Art of Judging 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 memo.

Supreme Court archival audio comes from Oyez®, a free law project by Justia and the Legal Information Institute of Cornell Law School.

Click here to donate to More Perfect.

Support for More Perfect is provided in part by The Smart Family Fund.

Follow us on Instagram, Threads and Facebook @moreperfectpodcast, and X (Twitter) @moreperfect.