On August 24, 2021, The Second Circuit Court of Appeals released its second opinion in the case of Andy Warhol Foundation v. Goldsmith. It not only boldly affirmed its prior ruling in March of 2021, it flatly refuted the notion that the Supreme Court’s decision in Google v. Oracle had any impact on the case. Nova Southeastern University's Copyright Officer, Stephen Carlisle, J.D., presents an in-depth analysis of the Court’s ruling, and finds that at long last the question of whether a “transformative work” is really a derivative work in disguise is brought to the forefront.
