Photographer Lynn Goldsmith won her copyright suit against Warhol’s estate.
infringed on fair-use copyright laws. Warhol made his version in 1984, and it was based on a portrait of Prince done by Goldsmith. The case hinged on whether this re-creation violated fair use by using Goldsmith’s work for commercial purposes. Ultimately, the court decided in a 7-2 decision that fair use was, in fact, violated.
Justice Elena Kagan dissented, stating that fair use’s primary test factor “provides ‘breathing space’ for artists to use existing materials to make fundamentally new works, for the public’s enjoyment and benefit,” adding that “in now remaking that factor, and thus constricting fair use’s boundaries, the majority hampers creative progress and undermines creative freedom.”
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