![]() In the past, the Supreme Court has allowed fair use if the work is "transformative," that is, if it "adds something new, with a further purpose or different character, altering the first with new expression, meaning or message." The law also considers whether the use of a work is for commercial or noncommercial use. Goldsmith did not receive payment or credit, and she warned the Andy Warhol Foundation of potential copyright infringement.Ī federal district court ruled in favor of the foundation, finding in part that Warhol's Prince Series works are protected by fair use, as the images are "transformative" and the illustrations "wash away the vulnerability and humanity Prince expresses in Goldsmith's photographs." The court also said the licensing market for Warhol and Goldsmith's works are different.īut the 2nd Circuit disagreed, finding Warhol's Prince Series was not transformative, and thus not considered fair use, as it retained the "essential elements of the Goldsmith Photograph without significantly adding to or altering those elements." Judges, the court said, "shouldn't assume the role of art critic and seek to ascertain the intent behind or meaning of the works at issue." ![]() The company paid a fee of roughly $10,250 to run the illustration on the cover. Prince died in 2016, and Conde Nast, Vanity Fair's parent company, licensed from the Andy Warhol Foundation an image known as Orange Prince from the Prince Series for the cover of a tribute magazine. The Andy Warhol Museum has the other four. Warhol ended up creating 16 silkscreens and sketches known as the "Prince Series," and Vanity Fair ran one of the images, Purple Prince, in its November 1984 issue.Īfter Warhol's death in 1987, his foundation took ownership of the Prince Series, and, according to court filings, sold 12 of the 16 originals. The Supreme Court included comparison showing Andy Warhol's image of Prince overlaid on Lynn Goldsmith's photograph. Three years later, as Prince rose to stardom, Vanity Fair commissioned Warhol to create an illustration depicting Prince that would accompany a magazine article to be titled " Purple Fame." The magazine chose Goldsmith's 1981 portrait of Prince to use as "artist reference" for Warhol's silkscreen, paid Goldsmith a $400 licensing fee and agreed to credit her for the source photograph. It will make our world poorer," Kagan wrote of the ruling.Īt issue in the case was whether Warhol violated federal copyright law when he based a set of 16 silkscreens and sketches on Goldsmith's black-and-white photo of Prince taken in 1981, when he was an up-and-coming musician. It will thwart the expression of new ideas and the attainment of new knowledge. It will impede new art and music and literature. "It will stifle creativity of every sort. Nor will the Court's decision, which is consistent with longstanding principles of fair use, snuff out the light of Western civilization, returning us to the Dark Ages of a world without Titian, Shakespeare, or Richard Rodgers." ![]() "Recall, payments like these are incentives for artists to create original works in the first place. ![]() "It will not impoverish our world to require AWF to pay Goldsmith a fraction of the proceeds from its reuse of her copyrighted work," Sotomayor wrote in an opinion that featured images of Prince and reproductions of Warhol's work. In a majority opinion written by Justice Sonia Sotomayor, the court held that the "purpose and character" of the Andy Warhol Foundation's use of Goldsmith's photograph in commercially licensing the image known as "Orange Prince" does not favor the foundation's fair-use defense to copyright infringement. The court split 7-2 in its decision, with Justice Elena Kagan and Chief Justice John Roberts in dissent. Washington - The Supreme Court on Thursday sided with rock-and-roll photographer Lynn Goldsmith in her dispute with the Andy Warhol Foundation over the late artist's use of her 1981 photo of Prince as the basis for a silkscreen image, finding Warhol infringed on the copyright.
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