Andy Warhol and the Art of Judging Art

More Perfect

WNYC Studios

Wnyc, Scotus, Perfect, History, Court, More, Documentary, Courses, Supreme, Education, Society & Culture

4.8 • 14.7K Ratings

🗓️ 3 August 2023

⏱️ 41 minutes

🔗️ Recording | iTunes | RSS

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Summary

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

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Transcript

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0:00.0	Hello, everyone. We made it. It's the final episode of this season of More Perfect.
0:07.0	Thank you for listening to our show. Before we get started, I want to take a minute to remind you that More Perfect
0:14.0	is a public media podcast, which is an amazing thing. It means we rely on support from listeners to make our show possible.
0:24.0	It takes a lot of time and resources to make each episode of this show.
0:29.0	We've got multiple producers, editors, fact checkers, legal advisors, sound designers.
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0:39.0	Listeners who donated before you funded this past season and your donation is going to help fund our upcoming season.
0:48.0	So please, right now, go to moreperfectpodcast.org slash donate or text perfect to 70101.
1:00.0	It's only going to take you a few minutes. We promise. And now on to the show.
1:08.0	I'm Julia Lungoria. This is more perfect.
1:21.0	And this? Yes, I agree.
1:24.0	No.
1:25.0	Is pop art icon Andy Warhol?
1:27.0	In other words, you have no vision of the past, the artistic trend, no vision of the future trend. You're just doing whatever you feel like.
1:38.0	Well, yeah.
1:48.0	We'll hear argument first this morning in case number 21869, Andy Warhol Foundation versus Goldsmith.
1:56.0	The ghost of Andy Warhol visited the Supreme Court this term.
2:00.0	While most of the other cases were filled with heated conversations in legal ease here.
2:07.0	You make it sound simple, but maybe it's not so simple at least in some cases.
2:12.0	The justices found themselves debating the meaning of form.
2:15.0	What is the meaning or the message of the work of art?
2:18.0	And color.
	...

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