Will the case make “countless” works illegal? Or effectively make copyright law meaningless? The high court heard both arguments.
article called “Purple Fame,” a sarcastic ode to the then-rising star and his place in American pop culture, which at one point opined that “escape from Prince is no longer possible.”licensed her image for use in the magazine, but Warhol also created more than a dozen other versions, which were later sold to collectors, displayed in museums and licensed for use without the photographer’s consent.
The foundation has argued the iconic artist’s changes transformed the Goldsmith’s original image, shifting it from a basic photo portrait into a new work of art. Such “transformative use” is often the key question when courts decide if something counts as a legal fair use. Does an artist like Warhol also need to show, as Goldsmith’s lawyers argued, that it was “necessary” for them to use the particular work to accomplish their goal? Or is it enough, like the Warhol foundation argued, for a new work to impart an important new “message or meaning” distinct from the original?
“You have a Roy Orbison song, that’s a work of popular music, that’s commenting on sexual attraction,” Martinez said. “And you have the 2 Live Crew Song, that’s also a work of popular music, also commenting on sexual attraction. They would have the same purpose. But you didn’t do that.”
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The Supreme Court meets Andy Warhol, Prince and a case that could threaten creativityImages Andy Warhol created of Prince are at the heart of a case the Supreme Court will examine on Wednesday. Warhol used a black-and-white portrait taken by Lynn Goldsmith as a reference point:
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The Supreme Court meets Andy Warhol, Prince and a case that could threaten creativityImages Andy Warhol created of Prince, using a black-and-white portrait by Lynn Goldsmith as a reference, are at the heart of a case before the Supreme Court. The ruling could have rippling consequences for the art world.
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The Supreme Court meets Andy Warhol, Prince and a case that could threaten creativityImages Andy Warhol created of Prince are at the heart of a case the Supreme Court will examine on Wednesday. Warhol used a black-and-white portrait taken by Lynn Goldsmith as a reference point.
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Clarence Thomas Cites His Prince Fandom “In The 80s” As Supreme Court Hears Landmark Copyright Case Over Andy Warhol ArtworksThe Supreme Court heard a consequential copyright case on Wednesday, having to do with whether Andy Warhol’s estate owes a photographer a licensing fee for basing his portraits on Prince on o…
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Andy Warhol’s portraits of Prince get their 15 minutes of fame in Supreme Court copyright showdownSupreme Court to hear a dispute over whether Andy Warhol’s portraits of Prince violated a copyright held by the photographer whose work they were based on.
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Supreme Court debates Warhol copyright case with broad implications for art, pop cultureWarhol's foundation asserts the artwork falls under the fair use doctrine, which permits reproduction of copyrighted material without permission in some circumstances, such as for criticism.
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