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Andy Warhol violated copyright law with Prince image, Supreme Court rules

The United States Supreme Court has ruled 7-2 against the deceased artist Andy Warhol (celebrated at a 2019 exhibit in NYC), saying the artist violated copyright law when he produced a silkscreen based on a photo of music superstar Prince. File Photo by John Angelillo/UPI
The United States Supreme Court has ruled 7-2 against the deceased artist Andy Warhol (celebrated at a 2019 exhibit in NYC), saying the artist violated copyright law when he produced a silkscreen based on a photo of music superstar Prince. File Photo by John Angelillo/UPI | License Photo

May 18 (UPI) -- The United States Supreme Court has ruled 7-2 against the deceased artist Andy Warhol Thursday, saying he violated copyright law when he produced a silkscreen print based on a photo of music superstar Prince.

The piece in question, "Orange Prince," is a colorful silkscreen print based on a copyrighted image of music superstar Prince that was captured by photographer Lynn Goldsmith.

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Goldsmith was paid a $400 licensing fee when Warhol's work ran in Vanity Fair but was not informed that Warhol would go on to produce 15 extra pieces based on the image.

When Prince died in 2016, Vanity Fair published a tribute which again included Warhol's work featuring Goldsmith's photo.

The Andy Warhol Foundation asked the courts to issue a "declaration of noninfringement" but Goldsmith claimed copyright infringement and sued.

Attorneys representing the Andy Warhol Foundation argued that the use of Prince's image for the piece fell under the "fair use" doctrine.

"Goldsmith's original works, like those of other photographers, are entitled to copyright protection, even against famous artists," said Justice Sonia Sotomayor in the majority opinion.

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Andy Warhol Foundation President Joel Wachs said, "Going forward, we will continue standing up for the rights of artists to create transformative works under the Copyright Act and the First Amendment."

Chief Justice John Roberts, who was appointed by George W. Bush, joined Justice Elena Kagan, who was appointed by Barack Obama, in dissent.

"Both Congress and the courts have long recognized that an overtly stringent copyright regime actually stifles creativity by preventing artists from building on the works of others," said Kagan.

Kagan warned that the ruling would "thwart the expression of new ideas and the attainment of new knowledge."

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