Justice Clarence Thomas and Justice Elena Kagan engaged in some-lighthearted banter about music legend Prince. In an increasingly politicized Supreme Court, it was nice to hear two politically opposing Justices engage in a fun, non-political way. The Supreme Court was hearing oral arguments for Andy Warhol Foundation for the Arts v. Goldsmith which will have the Justices rule on the “fair use” doctrine in copyright law. The “fair use” doctrine refers to the concept that the public is free to use copyrighted materials for certain situations, without needing to abide by the copyright. Most “fair use” situations are for purposes of commentary or criticism. In Andy Warhol Foundation for the Arts v. Goldsmith, the Justices will be deciding whether a second Condé Nast magazine cover printing of an Andy Warhol piece of artwork that used a Lynn Goldsmith photo of Prince in 2016, requires that another license fee be paid to Goldsmith from the original that had been used 30 years prior.
THOMAS: “Let's say that I'm both a prince fan, which I was in the 80s.
KAGAN: “No longer?”
THOMAS: “Well, so, only on a Thursday night.”