Professor Carroll's new paper, The Triumph of Three Big Ideas in Fair Use Jurisprudence听
The article published by Tulane Law Review argues that听in two recent cases, Google LLC v. Oracle America, Inc. (鈥淕oogle v. Oracle鈥) and Andy Warhol Foundation for the Visual Arts v. Goldsmith (鈥淲arhol鈥), the Supreme Court ratified its 1994 holding that transformative use is the appropriate analytical framework for applying copyright law鈥檚 fair use provision. The Court鈥檚 decisions, which represent one-third of the Court鈥檚 total merits decisions on fair use, are historic. The principal contribution this Article makes is to demonstrate to courts and parties in future fair use disputes how the holdings in these cases readily synthesize to provide useful guidance that will be relevant, for example, in disputes about generative artificial intelligence.
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This Article disagrees with those who argue that Warhol represents a retreat from transformativeness, demonstrating instead that the Court in Warhol simply rejected a caricatured version of this form of analysis.
