The Supreme Court on Thursday sided with a photographer who claimed the late Andy Warhol should have honored her copyright on a photo of the rock star Prince when creating an iconic image of the late singer.
Justice Sonia Sotomayor wrote for the court majority in the 7-2 decision.
“Lynn Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists,” Sotomayor wrote.
Justice Elena Kagan, joined by Chief Justice John G. Roberts Jr., dissented.
“In declining to acknowledge the importance of transformative copying, the Court today, and for the first time, turns its back on how creativity works,” Kagan wrote.
The justices were considering whether Warhol, who died in 1987, violated copyright law by selling to Vanity Fair magazine an illustration based on a silk-screen portrait of Prince. The image was derived from a photo of the musician by Lynn Goldsmith, but used without her permission, credit or payment. A federal district judge in New York said Warhol’s work created something new, a transformation within the “fair use” exception to the law.
But the U.S. Court of Appeals for the 2nd Circuit said Goldsmith could press her claim and warned that judges should stay in their lanes.
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“The district judge should not assume the role of art critic and seek to ascertain the intent behind or meaning of the works at issue,” the court said. “That is so both because judges are typically unsuited to make aesthetic judgments and because such perceptions are inherently subjective.”
Goldsmith took the portrait of Prince in the early 1980s. Vanity Fair commissioned Warhol to create an illustration for a 1984 article on Prince and obtained a license from Goldsmith, paying her $400 to use the photo as an artistic reference for Warhol. He changed certain aspects of the photo and created for the magazine what is now called “Purple Fame.” He also created the 16 silk-screens.
When Prince died in 2016, Vanity Fair’s parent company Condé Nast paid more than $10,000 to the Warhol Foundation for another version, Orange Prince, to illustrate a commemorative magazine. Goldsmith, who was not paid, sued.
The case is Andy Warhol Foundation v. Goldsmith.
This is a developing story. It will be updated.
Justice Sonia Sotomayor wrote for the court majority in the 7-2 decision.
“Lynn Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists,” Sotomayor wrote.
Justice Elena Kagan, joined by Chief Justice John G. Roberts Jr., dissented.
“In declining to acknowledge the importance of transformative copying, the Court today, and for the first time, turns its back on how creativity works,” Kagan wrote.
The justices were considering whether Warhol, who died in 1987, violated copyright law by selling to Vanity Fair magazine an illustration based on a silk-screen portrait of Prince. The image was derived from a photo of the musician by Lynn Goldsmith, but used without her permission, credit or payment. A federal district judge in New York said Warhol’s work created something new, a transformation within the “fair use” exception to the law.
But the U.S. Court of Appeals for the 2nd Circuit said Goldsmith could press her claim and warned that judges should stay in their lanes.
Press Enter to skip to end of carousel
“The district judge should not assume the role of art critic and seek to ascertain the intent behind or meaning of the works at issue,” the court said. “That is so both because judges are typically unsuited to make aesthetic judgments and because such perceptions are inherently subjective.”
Goldsmith took the portrait of Prince in the early 1980s. Vanity Fair commissioned Warhol to create an illustration for a 1984 article on Prince and obtained a license from Goldsmith, paying her $400 to use the photo as an artistic reference for Warhol. He changed certain aspects of the photo and created for the magazine what is now called “Purple Fame.” He also created the 16 silk-screens.
When Prince died in 2016, Vanity Fair’s parent company Condé Nast paid more than $10,000 to the Warhol Foundation for another version, Orange Prince, to illustrate a commemorative magazine. Goldsmith, who was not paid, sued.
The case is Andy Warhol Foundation v. Goldsmith.
This is a developing story. It will be updated.
