Supreme Court To Hear Andy Warhol Copyright Case Over Prince Images

A longstanding dispute between the Andy Warhol Foundation and photographer Lynn Goldsmith will head to the Supreme Court as the art world continues to debate “fair use” of copyrighted materials in innovative works.

The controversy dates back to 1984, when Warhol used a 1981 photograph of global superstar Prince, shot by Goldsmith, for a series of paintings on commission for Vanity Fair. 

It’s alleged that Goldsmith, who had taken the picture for Newsweek, had not known of Warhol’s project, and has claimed that the acclaimed artist infringed on copyrighted material.

According to NBC News, Goldsmith argued Warhol’s prints were “not transformative enough” as he kept the same angle of Prince’s gaze, the shadows in the original image, and even the “reflection in his eyes of her lighting equipment.” 

In 2017, the Foundation sued Goldsmith in an attempt to establish that no copyright infringement had been committed. The Southern District Court of New York ruled in its favor in 2019, though Goldsmith successfully appealed the case last year. 

As ARTnews notes, the Supreme Court’s decision may have long-term ramifications on the art world, as it determines what exactly is “fair use” for artists that use ready-made images in their pieces.

It seems the Warhol Foundation is confident of its case, with Roman Martinez, its representing lawyer, saying: “We welcome the Supreme Court’s decision to grant review in this case. The ‘fair use’ doctrine plays an essential role in protecting free artistic expression and advancing core First Amendment values.” 

The Supreme Court will hear the case when it begins its new term in October. 

[via NBC News and ARTnews, cover image via Jack Mitchell / Wikimedia Commons (CC BY-SA 4.0)]