To continue reading
Create a free account or sign in to unlock more free articles.
By continuing, you agree to the Terms of Service and acknowledge our Privacy Policy
Register
The content is free, but you must be subscribed to Okayplayer to continue reading.
THANK YOU FOR SUBSCRIBING
Join our newsletter family to stay tapped into the latest in Hip Hop culture!
Login
To continue reading login to your account.
Forgot your password?
Please enter the email address you use for your account so we can send you a link to reset your password:
American Pop Artist Andy Warhol, half-length Portrait in front of Marx Brothers Screen-print from his series Ten Portraits of Jews of the Twentieth Century, Jewish Museum, New York City, New York, USA, Bernard Gotfryd, 1980.
In a 7-2 ruling, the Supreme Court ruled that late visual artist Andy Warhol infringed on a photographer’s copyright based on a 1980s photograph of musician Prince.
The Supreme Court has ruled in favor of photographer Lynn Goldsmith in a legal battle against the estate of late visual artist Andy Warhol. On Thursday (May 18), the Supreme Court ruled that Warhol infringed on Goldsmith’s copyright when he created a series of silk print screenings that depicted ‘The Purple One,’ according to CNN.
Justices rejected arguments from the Andy Warhol Foundation, who claimed that Warhol’s art had a different appearance from Goldsmith’s photograph, which was taken in the 1980s.
“Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists,” Justice Sonia Sotomayor reportedly wrote in the majority opinion.
The Andy Warhol Foundation looked to the “fair use” doctrine in copyright law, which permits unlicensed use of copyright-protected works in certain circumstances, to defend the artwork. However, Sotomayor denied “fair use” for Warhol’s painting, which he referred to as the “Orange One.” According to the Justice, Goldsmith’s photo and Warhol’s paint series share “substantially the same purpose,” even if Prince’s appearance is changed.
“If an original work and a secondary use share the same or highly similar purposes,” and they are both used in a “commercial nature,” Sotomayor said.
In the dissent, Justice Elena Kagan, supported by Chief Justice John G. Roberts Jr, said that the decision “will impede new art and music and literature. It will thwart the expression of new ideas and the attainment of new knowledge. It will make our world poorer.”
The ruling marks a close to the 7-year-long saga, which began in 2016 when the Andy Warhol Foundation sued Goldsmith for raising concerns about the 1981 photograph being used by Warhol, who died in 1987. Goldsmith originally shot the photo for Newsweek, although the image in question didn’t make the publication. Goldsmith retained the licensing for future use, but while on commission at Vanity Fair, Warhol used the photo for reference without consulting Goldsmith.
