Why Courts Should Not Interpret the Meaning of Art

Adler, Amy

Journal: Cardozo Arts & Entertainment Law Journal

Volume: 42

First Page: 655

Year: 2024

Bluebook Citation: 42 CARDOZO ARTS & ENT. L.J. 655 (2024)

Author: Amy M. Adler: all 11 publications


Abstract

The article argues that courts are ill-equipped to interpret the meaning of art, particularly in fair use cases, as seen in the Supreme Court's decision in Warhol Foundation v. Goldsmith. The Court's reliance on determining the meaning of art exacerbates confusion and inconsistency in fair use jurisprudence, highlighting the need for alternative approaches that avoid judicial interpretation of artistic meaning.

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