Images Andy Warhol created of Prince, using a black-and-white portrait by Lynn Goldsmith as a reference, are at the heart of a case before the Supreme Court. The ruling could have rippling consequences for the art world.
A portrait of Prince taken by Lynn Goldsmith in 1981 and 16 silk-screened images Andy Warhol later created using the photo as a reference. A federal district court judge found that Warhol's series is"transformative" because it conveys a different message from the original, and thus is fair use. A Second Circuit Court of Appeals panel disagreed.
At the center of the case is a black-and-white photo of Prince, taken by Goldsmith in 1981. Three years later,magazine paid Goldsmith a licensing fee of $400 for a single use of the picture and then commissioned Warhol to create a Prince portrait, using the photo as a reference point. Warhol did that, and much more, creating 16 silkscreens. He copyrighted them all, and when Prince died,'s parent company paid Warhol roughly $10,ooo so it could use the Orange Prince for a tribute cover.
Lawyer Roman Martinez, representing the Warhol Foundation, told the justices that everything about Warhol's Prince series was different from Goldsmith's photo. Most importantly, the Warhol silkscreens transformed the meaning and message of the Goldsmith's work. While her photo was, by her own account, a portrait of vulnerability, Warhol's Prince was an iconic figure."No longer?" interjected Justice Elena Kagan, to rolling laughter in the courtroom.
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