Should the Warhol Foundation compensate the Photographer Lynn Goldsmith for referencing her photograph of Prince, or is it Fair Use? Two different courts had different opinions on the matter, so this case has moved all the way up to the Supreme Court. The decision will actually be televised on CSPAN today and will have a major impact on Art Law.
The Art World is all ears because the decision will have trickle down effects in terms of Fair Use and many organizations, including Museums, are concerned. There are fears that Artists will not have freedom of expression. But at the same time, when there is so much sharing of images with social media and reuse, should artists get some sort of licensing compensation or attribution? Especially when artist’s who derive from their work make upwards of millions of dollars?
Art Peritus will watch this case closely to determine if the decision has any impact on value for contemporary works of art.
To read more about the case read the article by Nina Totenberg in NPR: https://www.npr.org/2022/10/12/1127508725/prince-andy-warhol-supreme-court-copyright
Image Reference: A portrait of Prince taken by Lynn Goldsmith (left) in 1981 and 16 silk-screened images Andy Warhol later created using the photo as a reference. Courtesy Collection of the Supreme Court of the United States