The case involved images Andy Warhol created of Prince as part of a 1984 commission for Vanity Fair. Warhol used one of Lynn Goldsmith’s photos as a starting point, a so-called artist reference, and Vanity Fair paid Goldsmith to license the photo.
These images from Supreme Court documents show a 1981 photo of Prince by Lynn Goldsmith, left; a purple-faced adaptation by pop artist Andy Warhol published by Vanity Fair in 1984, center; and an orange version, also by Warhol, published by Conde Nast in a Prince tribute issue in 2016. Goldsmith was paid a $400 licensing fee for the use of her image in 1984, but demanded compensation for the 2016 publication after the Andy Warhol Foundation for the Visual Arts received $10,250.
“Lynn Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists,” Justice Sonia Sotomayor wrote in anThe case involved images Warhol created of Prince as part of a 1984 commission for Vanity Fair. Warhol used one of Goldsmith’s photos as a starting point, a so-called artist reference, and Vanity Fair paid Goldsmith to license the photo. Warhol then created a series of images in his signature style.
Vanity Fair chose one of the images — Prince with a purple face — to run in the magazine. The magazine ran another image from the series on its cover following Prince’sLawyers for Warhol’s foundation had argued that the artist had transformed the photograph and there was no violation of copyright law. But a majority of the justices said a lower court had correctly sided with Goldsmith.
Some amount of copying is acceptable under copyright law as “fair use.” To determine whether something counts as fair use, courts look to four factors set out in the federal Copyright Act of 1976. A lower court found that all four factors favored Goldsmith. Only the first factor was at issue in the Supreme Court case and Sotomayor wrote that: “The first factor favors Goldsmith.”
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