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Supreme Court Sides With Photographer In Copyright “Fair Use” Dispute Over Andy Warhol’s Prince Portrait
18.05.2023 - 16:59 / deadline.com
The Supreme Court sided with a photographer in a dispute with the Andy Warhol Foundation over the late artist’s use of her photos as the basis for his own series of portraits of Prince.
The court’s ruling was closely watched by content creators, some of whom feared that it would widen the scope of copyrighted material that could be used for further derivative works. In fact, during oral arguments last fall, attorneys raised the issue of what the case would mean for sequels to Star Wars and spinoffs from shows like All in the Family.
In a 1984 issue, Vanity Fair used a Warhol work that was based on a Lynn Goldsmith photo, having obtained a license from the photographer. The problems came about after Prince died in 2016 and Conde Nast, in its tribute to the singer, used a different Warhol work that was part of a series of artworks but also based on Goldsmith’s photo. The photographer contended that she was given no credit — nor did she grant a license — for that use of her work.
The justices issued a narrow ruling focused on one of four factors used by courts to determine the “fair use” of a copyrighted work. That is the “purpose and character” of the use.
Justice Sonia Sotomayor wrote in the majority opinion (read it here), “Lynn Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists. Such protection includes the right to prepare derivative works that transform the original. The use of a copyrighted work may nevertheless be fair if, among other things, the use has a purpose and character that is sufficiently distinct from the original. In this case, however, Goldsmith’s original photograph of Prince, and AWF’s copying use of that photograph in an
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