The Supreme Court Hears Famous Andy Warhol Case

Takeaway: Andy Warhol’s famous pop art of the music legend #Prince might be violating #copyright law. If so, this verdict?could affect artists and creators ability to create everywhere.

The Andy Warhol controversy started when?Vanity Fair?magazine hired Warhol to create a work of art based on Lynn Goldsmith’s 1981 photograph of Prince which she licensed to?Vanity Fair?for its?November 1984 issue. Warhol created the Prince artwork, as well as fifteen additional artworks featuring Prince on canvas and silkscreen in Warhol’s signature high contrast two-tone style. These Prince artworks later became known as the "Prince Series."

When Prince passed away in 2016, Goldsmith became aware of the "Prince Series" when media company Conde Nast published a tribute issue to Prince in May 2016.?The "Prince Series" artwork on this cover was different from the original Prince artwork Warhol created for?Vanity Fair?magazine in 1984. This was allegedly beyond the scope of the license?Goldsmith agreed to back in 1984. Goldsmith?notified the Andy Warhol Foundation of the copyright infringement of her photograph.

The Andy Warhol Foundation filed suit against Goldsmith, asking the court to declare that Warhol’s "Prince Series" was not infringing Goldsmith’s photograph and was instead fair use. Goldsmith countersued for copyright infringement. At first, the District Court ruled in favor of the Andy Warhol Foundation, finding the "Prince Series" to be transformative.?Goldsmith appealed, and the Second Circuit Court of Appeals reversed it, determining that Warhol’s "Prince Series" was not fair use?and not transformative.?The Andy Warhol Foundation then petitioned for writ of certiorari to the Supreme Court to review the Court of Appeals decision, which was granted.

The Supreme Court has not ruled on fair use in art since 1994. Thus, this ruling will be?monumental moment in copyright law.?

Photo Credit:?copyrightlately.com/warhols-prince-series-isnt-fair-use-but-what-is/