Supreme Court rules against Andy Warhol Foundation in a case about a portrait he made of Prince

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Supreme Court rules against Andy Warhol Foundation in a case about a portrait he made of Prince
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The case involved images Warhol created of Prince as part of a 1984 commission for Vanity Fair.

Warhol used one of Lynn Goldsmith's photos of Prince as a starting point, a so-called artist reference, and Vanity Fair paid Goldsmith to licence the photo.Vanity Fair chose one of the resulting images — Prince with a purple face — to run in the magazine. Following Prince's death in 2016 Vanity Fair ran a different image from the series on its cover — Prince with an orange face.Andy Warhol's orange silkscreen portrait of Prince superimposed on Lynn Goldsmith's photograph.

Lawyers for Warhol's foundation had argued that the artist had transformed the photograph and there was no violation of copyright law when the orange-faced Prince was reproduced in the magazine. But a majority of the justices said a lower court had correctly sided with Goldsmith in this instance."Lynn Goldsmith's original works, like those of other photographers, are entitled to copyright protection, even against famous artists," Justice Sonia Sotomayor wrote in the opinion for the court.

Chief Justice Sotomayor said the court was expressing no opinion "as to the creation, display, or sale of any of the original" Warhol works and whether they'd be seen as copyright infringement.In a dissent, Justice Elena Kagan warned that the decision would "stifle creativity of every sort" and suggested the majority needed to "go back to school" for an Art History 101 refresher course.She was joined in her dissent by Chief Justice John Roberts.

Chief Justice Kagan wrote that the majority's decision would "impede new art and music and literature" and "thwart the expression of new ideas and the attainment of new knowledge".Chief Justice Kagan said the visual arts have a tradition of imitation and copying.

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