The Supreme Court wrestled with a copyright fight between rock-and-roll photographer Lynn Goldsmith and the Andy Warhol Foundation over the late artist's use of her 1981 photo of Prince as the basis for a silkscreen image.
The Supreme Court on Wednesday wrestled with a copyright fight between rock-and-roll photographer Lynn Goldsmith and the Andy Warhol Foundation over the late artist's use of her 1981 photo of Prince as the basis for a silkscreen image.
Some of the justices at times questioned whether Warhol's illustration of Prince constituted fair use under the Copyright Act, since his and Goldsmith's photograph had a similar commercial purpose. The dispute stems back to the black-and-white photograph Goldsmith, considered a leading rock photographer, took of Prince in 1981, when he was an up-and-coming musician.
Prince died in 2016 and Conde Nast, Vanity Fair's parent company, licensed from the foundation an image known as Orange Prince, from the Prince Series, for the cover of a tribute magazine. The company paid a fee of roughly $10,250 to run the illustration on the cover. During arguments, Justice Samuel Alito questioned how a court is supposed to"determine the purpose of meaning, the message or meaning of works of art like a photograph or painting."
"We know who Andy Warhol was and what he was doing and what his works have been taken to mean. So it's easy to say that there's something importantly new in what he did with this image," she said."But, if you imagine Andy Warhol as a struggling young artist, who we didn't know anything about, and then you look at these two images, you might be tempted to say something like, 'well, I don't get it.
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