Andy Warhol’s posters of Prince may have been works of art, but they infringed the copyright of the photographer who captured the original image of the musician, the Supreme Court ruled.
Andy Warhol’s posters of Prince, some shaded purple and others orange, may have been works of art, but they infringed the copyright of the photographer who captured the original image of the musician, the Supreme Court ruled Thursday.
“Lynn Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists,” Justice Sonia SotomayorWhen considering what is “fair use” of a copyrighted work, the court has looked first to “the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes,” she said in a 39-page decision.
“Nothing in the law requires judges to try their hand at art criticism and assess the aesthetic character of the resulting work,” he said, joined by Justice Ketanji Brown Jackson. “Warhol is a towering figure in modern art not despite but because of his use of source materials. His work — whether Soup Cans and Brillo Boxes or Marilyn and Prince — turned something not his into something all his own,” Kagan wrote. “If Warhol does not get credit for transformative copying, who will?”
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