Supreme Court Rules That Andy Warhol’s Prince Images Infringed Photographer’s Copyrights
Attorneys for the late artist has warned that creators must be able to re-use earlier works and that a loss would “chill” creativity. Butsaid that Warhol had used the photo for a largely the same commercial purpose as Goldsmith – and had offered little compelling reason for doing so.
Ahead of the decision, the Recording Industry Association of America and the National Music Publishers’ Association had urged the court to adopt Thursday’s more limited vision of fair use. They said the outcome of the case was “critical to the American music industry,” warning that sampling and interpolation might have been regarded as legal fair use under Warhol’s “wide and manipulable” approach.
In 2019, a federal judge ruled that Warhol’s images had “transformed Prince from a vulnerable, uncomfortable person to an iconic, larger-than-life figure.” Such “transformative use” is often the key question when courts decide if something counts as a legal fair use.
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