Did Andy Warhol make 'fair use' of copyrighted photos when he created paintings of Prince? The Supreme Court is going to decide.
magazine re-used them on the cover a tribute issue following Prince’s sudden death from a painkiller overdose. After she threatened to sue the Andy Warhol Foundation for copyright infringement, the group filed a preemptive lawsuit to prove that the works were legal.
The foundation argued the iconic artist had “transformed” the image from a basic photo into a new work of art, meaning Warhol was covered by copyright’s fair use doctrine, which allows for the limited re-use of copyrighted material in new forms and contexts. In 2019, a federal judge agreed with that argument, ruling that Warhol’s images had “transformed Prince from a vulnerable, uncomfortable person to an iconic, larger-than-life figure.” But last year, a federal appeals court overturned that decision – ruling that Warhol’s work still had the “essential elements of its source material.” Merely adding his “signature style” to Goldsmith’s image had not created something “fundamentally different and new,” the court wrote at the time.
In December, Warhol’;s foundation asked the Supreme Court to tackle the case, arguing that the ruling had restricted the definition of fair use and posed serious risks for artists. The group said the decision “casts a cloud of legal uncertainty over an entire genre of visual art.”, attorneys for the Warhol Foundation cheered the court’s decision to take the case. “The ‘fair use’ doctrine has for centuries been a cornerstone of creativity in our culture,” saidof the law firm Latham & Watkins.
An attorney for Goldsmith did not immediately return a request for comment. The photos at issue in the case are owned solely by Goldsmith, and Prince’s estate is not involved in the case.
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