The Supreme Court Just Became Hollywood’s New BFF in Its AI Fight | PRO Insight

Narrowing the “fair use” defense to copyright infringement may become critical to protecting artists’ livelihoods as bots scrape their creative works

Last week’s bombshell U.S. Supreme Court ruling in the Andy Warhol “fair use” infringement case represents a human shot across the AI bow, even if AI wasn’t mentioned. 

Warhol’s Prince series of works, based on a copyrighted photograph of the musician, was found to be infringing for a specific unlicensed use by magazine publisher Condé Nast. The court’s 7-2 decision, and in particular its rationale for narrowing immunity for a purported infringing work’s “transformative” nature, gives artists — particularly visual artists but potentially others as well — a powerful new argument in their battle against the coming generative AI storm that threatens their commercial livelihoods.

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Peter Csathy

Peter Csathy is a WrapPRO contributor writing about the intersection between tech and entertainment/media. He's chairman of Creative Media (, a boutique media, entertainment and tech business advisory and legal services firm. His monthly “Fearless Media” newsletter ( covers the future of entertainment, media and tech; and his weekly “AI & NFT Legal Update” newsletter ( covers the AI and Web3/NFT ecosystems. You can also listen to his “Fearless Media” podcast ( and follow him on Twitter @pcsathy.