The Supreme Court rules that silkscreens pop artist Andy Warhol made of rock star Prince infringe on the copyright held by a photographer who captured the original image.
infringed on the copyright held by a prominent photographer who captured the original image.
Sotomayor wrote that the images"share substantially the same purpose, and the use is of a commercial nature." The Warhol foundation had"offered no other persuasive justification for its unauthorized use of the photograph," she added. Under a license it had obtained from Goldsmith, Vanity Fair used a Warhol illustration based on the photo in its November 1984 issue without any problems arising. But Goldsmith said she was not aware that Warhol had created other images that were not licensed, a fact she became aware of only after Vanity Fair publisher Condé Nast used a different image as part of a 2016 Prince tribute immediately after his death.
In 2019, a federal judge ruled in the foundation’s favor, saying Warhol’s images were transformative because, while Goldsmith’s photo showed a “vulnerable human being,” the Warhol prints depicted an “iconic, larger-than-life figure.”
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