In 2023, the U.S. Supreme Court reached a monumental decision holding that Andy Warhol’s painting of Prince infringed the copyright of the photograph it was based on. In 2024, keep an eye on how lower courts interpret and apply the 2023 Supreme Court decision, and expect that the fair use defense may be pared back significantly. With this, we may see significant impacts on cases involving the right of publicity that traditionally employed the “transformative” defense, which may be reversed, with the defense transitioning to question the actual new use of the image. ...