The late artist’s estate has lost a court battle against photographer Lynn Goldsmith over his Orange Prince series
Andy Warhol’s estate lost itscopyright fight with the celebrity photographer Lynn Goldsmith on Thursday as the justices faulted the famed pop artist’s use of her photo of the singer Prince in a silkscreen series depicting the charismatic rock star.
Goldsmith, 75, has said she learned of the unauthorized works only after Prince’s 2016 death. She countersued theFoundation in 2017 after it asked a court to find that the works did not violate her copyright. Sotomayor distinguished that use from Warhol’s pop art, like his famed prints of Campbell’s soup cans.
“All that matters” in the ruling issued by the court’s majority, Kagan wrote, “is that Warhol and the publisher entered into a licensing transaction, similar to one Goldsmith might have done. Because the artist had such a commercial purpose, all the creativity in the world could not save him.
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