Washington, D.C. – Re:Create issued the following statement after the Supreme Court ruling on Andy Warhol Foundation for The Visual Arts, Inc. v. Goldsmith:

“All art and innovation build on work that came before – an endless cycle of recreating that pushes society and culture forward, allowing us to reflect on the past and aspire for the future. We are encouraged that the Supreme Court continues to recognize that fair use is critical to unlocking free expression for all.  The court’s nuanced decision clearly recognizes and upholds the importance of fair use in the tradition of Campbell v. Acuff Rose,” said Executive Director Joshua Lamel. “Specifically, the court did not rule on if Andy Warhol’s transformative artworks were a fair use.  Instead, they found only the specific act of the Foundation then licensing them to a magazine, in direct competition with the magazine photograph the art was based on, was not a fair use.”

“This shows that fair use is alive and thriving and that the Supreme Court takes a very thoughtful fact-based approach to applying it, as intended.”