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Wednesday, December 14, 2022

1:00pm Pacific

Andy Warhol Foundation v. Goldsmith:

Will Fair Use Be Transformed in the Entertainment Industry?

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On October 12, 2022, the Supreme Court heard argument in Andy Warhol Foundation for the Visual Arts, Inc v. Lynn Goldsmith. Nearly 30 years after announcing the now familiar “transformative use” test for evaluating the first fair use factor, the Supreme Court is poised to finally clarify what that test means and how it is to be applied to artistic works.

Join us for a panel that will discuss the case and its potential impact on the entertainment industry. Does AWF’s position pose a threat to copyright owners’ exclusive right to prepare derivative works? Does the Second Circuit’s test pose a risk of making fair use off-limits to documentary filmmakers and others who use preexisting works for purposes other than to comment on the works themselves? How might the Supreme Court address these concerns, and what do the comments made by the Justices during the oral argument signal about the possible outcome? 

Kirby Dick is a two-time Emmy award-winning and Academy award-nominated filmmaker behind some of the most groundbreaking documentaries today. Many of his films have directly impacted American politics and culture, resulting in real-world change. Dick’s latest project, NOT SO PRETTY (2022), is a four-part investigation-driven exploration of toxic chemicals in everyday cosmetic productions. His previous series, ALLEN v. FARROW (2021), is a seven-time Emmy nominated series about one of Hollywood’s most notorious scandal: the accusation of sexual abuse against Woody Allen involving his then seven-year-old daughter with Mia Farrow. Earlier films include ON THE RECORD (2020), THE BLEEDING EDGE (2018), THE HUNTING GROUND (2015), and THE INVISIBLE WAR (2012).

Dale Nelson is a partner in the Beverly Hills boutique, Donaldson Callif Perez. Prior to joining the firm, Dale served as Vice President and Senior Intellectual Property counsel at Warner Bros. for over 25 years. Dale specializes in issues related to copyrights, trademarks, personal rights and clearance, championing the free speech rights of clients in the filmmaking and creative industries.

Donald B. Verrilli, Jr. is a partner with Munger, Tolles & Olson, and the founder of its Washington, D.C., office. He served as Solicitor General of the United States from June 2011 to June 2016 and has argued more than 50 cases before the Supreme Court, including landmark decisions relating to copyright. Before his time in government, Mr. Verrilli argued numerous important cases before the Supreme Court, including MGM Studios, Inc. v. Grokster, the landmark case establishing that file sharing services were subject to the copyright laws. Mr. Verrilli is also a Lecturer in Law at Columbia Law School, where he teaches classes on the First Amendment and the Supreme Court.





Andrew J. Thomas
Jenner & Block


Vivian S. Lee

The Walt Disney Company

Vice President

Dan Nabel

Riot Games


Ian Slotin



Jacqueline Charlesworth

Charlesworth Law


Nathaniel Bach

Michelle Choe

Rose Leda Ehler
Munger Tolles & Olson

Josh Geller
Greenberg Glusker

Elaine Kim

Mitchell Silberberg & Knupp

Chris Reed

Fox Corporation

Orly Ravid
Southwestern Law School & Tubi

Gloria Franke Shaw

The Walt Disney Company

Kenneth Trujillo-Jamison


Immediate Past President

Joel Tantalo

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