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On Demand

Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith

2023 Supreme Court IP Review
Intellectual Property
Dale Cendali |  Yolanda King |  Bart A. Lazar |  Zvi Rosen
58 Minutes
Audio and Video
Original Program Date:
Sep 29, 2023
Product Type:
On Demand - Also available: On Demand  5
Access for 365 day(s) after purchase.


Holding: The “purpose and character” of the Andy Warhol Foundation’s particular commercial use of Lynn Goldsmith’s photograph — 17 U.S.C. § 107(1) — does not favor AWF’s “fair use” defense to copyright infringement. (7-2, in an opinion by Justice Sotomayor on May 18, 2023. Justice Gorsuch filed a concurring opinion, in which Justice Jackson joined. Justice Kagan filed a dissenting opinion, in which Chief Justice Roberts joined.)


Dale Cendali's Profile

Dale Cendali Related Seminars and Products

Kirkland & Ellis LLP

Dale Cendali is the head of Kirkland’s Copyright, Trademark, Internet, and Advertising practice group. Dale is a “preeminent leader in the field of IP” (Chambers), having successfully litigated and tried numerous high-profile cases. Her practice spans the district court to the United States Supreme Court, where most recently she achieved a major victory arguing and winning 9-0 a case for Lucky Brand LLC in its trademark dispute with Marcel concerning the LUCKY BRAND house mark. Dale’s practice encompasses copyright, trademark, false advertising, Internet, and trade secrets law, as well as defamation, the right of publicity, privacy, complex contract disputes (including in the arbitration context) and similar areas.


Dale’s numerous accolades include being named by The National Law Journal as one of the “100 Most Influential Lawyers in America.” Law360 named her one of the 25 “Icons of IP” who “have made an indelible mark in the IP area.” Dale was also acknowledged by Managing IP as “Outstanding IP Litigator: New York.” Managing IP also named her trial victory for J.K. Rowling on the high-profile “Lexicon” fair use case “Copyright Trial of the Year.” Dale was repeatedly named to The Hollywood Reporter’s “Power Lawyers,” a list of Hollywood’s top 100 attorneys. In addition, Dale has repeatedly been recognized as a leading lawyer by Chambers & Partners and The Legal 500 U.S. Most recently, she was honored with the prestigious President’s Award from the International Trademark Association (INTA) in acknowledgement of her preeminent contributions to the trademark community.


Dale is a prolific writer and has long been active in the bar. She is a member of INTA’s Amicus Committee, formerly served as Counsel to the INTA Board, and chaired the Copyright, Dilution and Enforcement committees. Dale has served on the Council for the American Bar Association’s IP Section and is the current chair of its Amicus Committee. She is co-editor of the ABA Copyright Litigation Strategies Handbook, as well as author of its chapter on “The Fair Use Defense: Strategic Considerations.” Dale has chaired several committees for the New York City Bar Association, including the IP Leadership Council, and currently serves on the Copyright Committee. She is an Advisor to the American Law Institute’s Restatement of Copyright Law project. Dale is also an adjunct professor at Harvard Law School, teaching a popular course on copyright and trademark litigation.


Dale is a graduate of Yale University and Harvard Law School.

Yolanda King's Profile

Yolanda King Related Seminars and Products


University of Illinois Chicago School of Law

Yolanda M. King is the Director of the Center for Intellectual Property, Information and Privacy Law and an Associate Professor of Law at University of Illinois Chicago School of Law. She teaches Property and intellectual property law courses. Her scholarly interests include the copyrightability of tattoos, the enforcement of tattoo copyrights, right of publicity protection for celebrities’ tattoos and choreography, and music licensing.
Dean King is Of Counsel at Chicago-based intellectual property law firm Advitam IP, where she advises clients on trademark protection and prosecutes federal trademark applications before the U.S. Patent and Trademark Office.
She graduated from Harvard Law School and Indiana University-Purdue University Indianapolis.

Bart A. Lazar's Profile

Bart A. Lazar Related Seminars and Products

Seyfarth Shaw LLP

Bart A. Lazar –Brief Bio.

Bart is a partner in the intellectual property group at Seyfarth Shaw in Chicago.

Bart is an innovative and trusted strategic advisor with substantial expertise in copyright, trademark, advertising, privacy, Internet/social media, cybercrime and related matters.   He is an experienced strategic problem solver and ardent protector of key intangible assets, including trademarks, copyrights and data.   Bart helps clients identify, protect, commercialize and enforce intellectual property rights, structure and implement data processing and management strategies, and design and execute innovative social and traditional media promotional programs.

He acts as lead and local counsel in false advertising, unfair competition, trademark, trademark counterfeiting and Internet-related litigation.  Bart has protected global consumer, entertainment and sports brands by obtaining ex parte seizure orders to combat piracy, including orders covering concert tours, the NBA finals and trade shows.

Bart is a pioneer and thought leader in the areas of data privacy and security, Internet law and social media, defending the first Internet privacy case brought by the Federal Trade Commission and the first database security breach case brought by the New York Attorney General.   He has handled cutting edge cases and cases of first impression involving trademark counterfeiting, trademark licensing, cybercrime and Internet law. 

Bart is a mentor and educator, establishing and leading an intellectual property externship program (at Chicago-Kent) for over 15 years, actively writing and speaking about trademark, copyright, privacy and new media issues and was recently quoted in the New York Time regarding the Warhol case.

Bart has a BA from the University of Chicago, a JD with honors from Chicago-Kent and an LLM from New York University School of Law.

In 2015 Chicago Kent awarded Bart its Professional Achievement Award.

Zvi Rosen's Profile

Zvi Rosen Related Seminars and Products


Southern Illinois University School of Law

Zvi S. Rosen is an Assistant Professor at the Southern Illinois University School of Law.  He has served as a Visiting Assistant Professor at the Maurice A. Deane School of Law at Hofstra University and as a Visiting Scholar and Professorial Lecturer in Law at George Washington University School of Law. In 2015-2016, he was the Abraham L. Kaminstein Scholar in Residence at the U.S. Copyright Office.  Mr. Rosen received his J.D. from Northwestern University School of Law in 2005 and LLM in Intellectual Property in 2006 from the George Washington University Law School. He has practiced at Fried, Frank, Harris, Shriver & Jacobson LLP as well as smaller firms and his own practice, and clerked for the Hon. Thomas B. Bennett of the U.S. Bankruptcy Court for the Northern District of Alabama.  He has written extensively on the development of modern copyright and trademark law, as well as on bankruptcy law.