Supreme Court Rules Andy Warhol’s Prince Silkscreens Violated Photographer’s Copyright
The Supreme Court ruled Thursday that Andy Warhol violated photographer Lynn Goldsmith’s copyright when he created silkscreens based on Goldsmith’s photograph of Prince. As CNN reports, in a 7-2 decision, the court ruled in favor of Goldsmith in Andy Warhol Foundation for Visual Arts, Inc. v. Goldsmith, rejecting arguments from the Warhol Foundation’s legal team that the late artist’s work was sufficiently transformative to avoid triggering copyright law.
“Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists. Such protection incluades the right to prepare derivative works that transform the original,” Justice Sonia Sotomayor wrote in the majority opinion. In a dissenting opinion joined by Chief Justice John Roberts, Justice Elena Kagan argues that the decision “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.”
A district court previously ruled in favor of Warhol, citing fair use doctrine, but an appeals court reversed the decision. According to New York Times reporter Ben Sisario, today’s decision plus the Ed Sheeran verdict essentially preserve the status quo.