In a landmark ruling against the Andy Warhol Foundation, the Supreme Court has sided with photographer Lynn Goldsmith:
seven-to-two in favor of the photographer, finding that an Andy Warhol portrait violated her copyright for her original photograph of the late musician Prince.
“Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists,” Justice Sonia Sotomayor wrote in the majority opinion.reported, writing that the ruling “will stifle creativity of every sort. It will impede new art and music and literature. It will thwart the expression of new ideas and the attainment of new knowledge. It will make our world poorer.
Warhol created a series of 14 silkscreen prints and two pencil drawings in 1984, each based on an unpublished image. Condé Nast had paid the photographer $400 for one-time use of her image as an “artist reference” for Warhol’s illustration in the article “Purple Fame.”The lawsuit surrounding the works blew up following Prince’s death in 2016, whenpublished a special commemorative issue in his honor.
“I am thrilled by today’s decision and thankful to the Supreme Court for hearing our side of the story,” Goldsmith’s lawyer, Lisa Schiavo Blatt of Williams and Connolly, told Artnet News in an email. “This is a great day for photographers and other artists who make a living by licensing their art.
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