from the United States Court of Appeals for the Second Circuit
See other cases from the Second Circuit.
Judgment issued.
Adjudged to be AFFIRMED. Sotomayor, J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a concurring opinion, in which Jackson, J., joined. Kagan, J., filed a dissenting opinion, in which Roberts, C. J., joined.
Argued. For petitioner: Roman Martinez, Washington, D. C. For respondents: Lisa S. Blatt, Washington, D. C.; and Yaira Dubin, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)
Brief amicus curiae of Phoenix Center for Advanced Legal & Economic Public Policy Studies filed. (Distributed)
Brief amici curiae of The Recording Industry Association of America and The National Music Publishers Association filed. (Distributed)
Brief amicus curiae of Committee for Justice filed. (Distributed)
Brief amicus curiae of Professor Terry Kogan filed. (Distributed)
Brief amicus curiae of Association of American Publishers filed. (Distributed)
Brief amicus curiae of Screen Actors Guild-American Federation of Television and Radio Artists filed. (Distributed)
Brief amici curiae of American Society of Media Photographers, Inc., et al. filed. (Distributed)
Brief amicus curiae of Dr. Seuss Enterprises, L.P. filed. (Distributed)
Brief amicus curiae of Professor Guy A. Rub filed. (Distributed)
Brief amicus curiae of Senator Marsha Blackburn filed. (Distributed)
Brief amicus curiae of Prof. Zvi S. Rosen filed. (Distributed)
Brief amicus curiae of Digital Media Licensing Association filed. (Distributed)
Brief amicus curiae of Jeffrey Sedlik, Professional, Photographer and Photography Licensing Expert filed. (Distributed)
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
Brief amici curiae of Institute for Intellectual Property and Social Justice and Intellectual-Property Professors filed. (Distributed)
Brief amici curiae of California Society of Entertainment Lawyers, et al. filed. (Distributed)
Brief amici curiae of Photographers Gary Bernstein and Julie Dermansky filed. (Distributed)
Brief amicus curiae of United States filed. (Distributed)
Brief amicus curiae of Philippa S. Loengard filed. (Distributed)
Brief amici curiae of Graphic Artists Guild, Inc. and American Society for Collective Rights Licensing, Inc. filed. (Distributed)
Brief amici curiae of Professors Peter S. Menell, Shyamkrishna Balganesh, and Jane C. Ginsburg as Amici Curiae in Support of Respondents filed. (Distributed)
Brief of respondents Lynn Goldsmith, et al. filed. (Distributed)
CIRCULATED
The record from the U.S.C.A. 2nd Circuit has been electronically filed.
Record requested from the 2nd Circuit.
Brief amicus curiae of The Motion Picture Association, Inc. in support of neither party filed.
Brief amici curiae of Artists, et al. filed.
Brief amicus curiae of American Intellectual Property Law Association in suppoprt of neither party filed.
Brief amici curiae of The Robert Rauschenberg Foundation, et al. filed.
Brief amici curiae of Documentary Filmmakers filed.
Brief amici curiae of Copyright Law Professors filed.
Brief amicus curiae of Copyright Alliance in support of neither party filed.
Brief amicus curiae of Art Professor Richard Meyer in support of neither party filed.
Brief amicus curiae of New York Intellectual Property Law Association in support of neither party filed.
Brief amici curiae of Library Futures Institute, et al. in support of neither party filed.
Brief amicus curiae of Authors Alliance filed.
Brief amici curiae of Art Institute of Chicago, et al. in support of neither party filed.
Brief amici curiae of Authors Guild, Inc., et al. in support of neither party filed.
Brief amicus curiae of Floor64, Inc. d/b/a The Copia Institute filed.
Brief amici curiae of Electronic Frontier Foundation, et al. filed.
Brief amicus curiae of Art Law Professors filed.
Brief amicus curiae of Royal Manticoran Navy: The Official Honor Harrington Fan Association, Inc. filed.
ARGUMENT SET FOR Wednesday, October, 12, 2022.
Joint appendix (Volumes I and II) filed. (Statement of cost filed)
Brief of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed.
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 10, 2022. The time to file respondents' brief on the merits is extended to and including August 8, 2022.
Blanket Consent filed by Petitioner, The Andy Warhol Foundation for the Visual Arts, Inc.
Blanket Consent filed by Respondent, Lynn Goldsmith, et al.
Motion for an extension of time to file the briefs on the merits filed.
Petition GRANTED.
Reply of petitioner The Andy Warhol Foundation for the Visual Arts, Inc. filed. (Distributed)
Brief of respondents Lynn Goldsmith, et al. in opposition filed.
Brief amici curiae of The Robert Rauschenberg Foundation, Roy Lichtenstein Foundation, and Brooklyn Museum filed.
Brief amici curiae of Art Law Professors filed.
Brief amici curiae of Barbara Kruger and Robert Storr filed.
Brief amici curiae of Copyright Law Professors filed.
Motion to extend the time to file a response is granted and the time is extended to and including February 11, 2022.
Motion to extend the time to file a response from January 12, 2022 to February 11, 2022, submitted to The Clerk.
Petition for a writ of certiorari filed. (Response due January 12, 2022)
The Andy Warhol Foundation for the Visual Arts, Inc., Petitioner, represented by Roman Martinez V
Lynn Goldsmith, et al., Respondent, represented by Lisa Schiavo Blatt
American Intellectual Property Law Association, Amicus Curiae, represented by Lauren Beth Emerson
American Society of Media Photographers, Inc., Amicus Curiae, represented by Thomas Blake Maddrey
Art Institute of Chicago, et al., Amicus Curiae, represented by Simon James Frankel
Art Law Professors, Amicus Curiae, represented by Mark A. Lemley
Art Professor Richard Meyer, Amicus Curiae, represented by Jonathan Yates Ellis
Association of American Publishers, Amicus Curiae, represented by Dale M. Cendali
Authors Alliance, Amicus Curiae, represented by Erik Robert Stallman
Authors Guild, Inc., News Media Alliance, Sesame Workshop, Inc., Dramatists Legal Defense Fund, Romance Writers of America, Sisters in Crime, and Garden Communicators International, Amicus Curiae, represented by Eleanor Martine Lackman
Barbara Kruger and Robert Storr, Amicus Curiae, represented by Brian Michael Willen
California Society of Entertainment Lawyers; National Society of Entertainment & Art Lawyers; Bob Gomel; Dana Ruth Lixenberg; Bob Gruen, Amicus Curiae, represented by Scott Alan Burroughs
Committee for Justice, Amicus Curiae, represented by John Michael Reeves Jr.
Copyright Alliance, Amicus Curiae, represented by Susan J. Kohlmann
Copyright Law Professors, Amicus Curiae, represented by Rebecca Leah Tushnet
Digital Media Licensing Association, Amicus Curiae, represented by Naomi Jane Gray
Documentary Filmmakers, Amicus Curiae, represented by Caren Lerner Decter
Dr. Seuss Enterprises, L.P., Amicus Curiae, represented by Stanley Joseph Panikowski III
Electronic Frontier Foundation and Organization For Transformative Works, Amicus Curiae, represented by Corynne McSherry
Floor64, Inc. d/b/a The Copia Institute, Amicus Curiae, represented by Catherine Rachel Gellis
Graphic Artists Guild, Inc. and American Society for Collective Rights Licensing, Inc., Amicus Curiae, represented by Linda Joy Kattwinkel
Institute for Intellectual Property and Social Justice and Intellectual-Property Professors, Amicus Curiae, represented by Melanie Lynn Bostwick
Jeffrey Sedlik, Amicus Curiae, represented by Matthew Hersh
Library Futures Institute, The Software Preservation Network, The EveryLibrary Institute, The American Library Association, The Association of College and Research Libraries, and The Association of Research Libraries, Amicus Curiae, represented by Kyle Kenneth Courtney
New York Intellectual Property Law Association, Amicus Curiae, represented by Mark A. Baghdassarian
Philippa S. Loengard, Amicus Curiae, represented by Nicholas Michael O'Donnell
Phoenix Center for Advanced Legal & Economic Public Policy Studies, Amicus Curiae, represented by Lawrence Jay Spiwak
Photographers Gary Bernstein and Julie Dermansky, Amicus Curiae, represented by David Leichtman
Professor Guy A. Rub, Amicus Curiae, represented by Katherine Connor Ferguson
Professors Peter S. Menell, Shyamkrishna Balganesh, and Jane C. Ginsburg as Amici Curiae in Support of Respondents, Amicus Curiae, represented by Peter S. Menell
Professor Terry Kogan, Amicus Curiae, represented by Gregory Jacob Dubinsky
Prof. Zvi S. Rosen, Amicus Curiae, represented by Zvi Shmuel Pinchas Rosen
ROYAL MANTICORAN NAVY: THE OFFICIAL HONOR HARRINGTON FAN ASSOCIATION, INC., Amicus Curiae, represented by Remy Green
Screen Actors Guild-American Federation of Television and Radio Artists, Amicus Curiae, represented by Danielle S. Van Lier
Senator Marsha Blackburn, Amicus Curiae, represented by Thomas Michael Johnson Jr.
The Motion Picture Association, Inc., Amicus Curiae, represented by Donald B. Verrilli Jr.
The Recording Industry Association of America and The National Music Publishers Association, Amicus Curiae, represented by Frank Phillip Scibilia
The Robert Rauschenberg Foundation, et al., Amicus Curiae, represented by Jaime Ann Santos
United States, Amicus Curiae, represented by Elizabeth B. Prelogar