The court split 7-2 in its decision, with Justice Elena Kagan and Chief Justice John Roberts in dissent.
The Supreme Court on Thursday sided with rock-and-roll photographer Lynn Goldsmith in her dispute with the Andy Warhol Foundation over the late artist's use of her 1981 photo of Prince as the basis for a silkscreen image, finding Warhol infringed on the copyright., with Justice Elena Kagan and Chief Justice John Roberts in dissent.
In remaking the fair-use test's first factor and"thus constricting fair use's boundaries, the majority hampers creative progress and undermines creative freedom," she said. ." The magazine chose Goldsmith's 1981 portrait of Prince to use as"artist reference" for Warhol's silkscreen, paid Goldsmith a $400 licensing fee and agreed to credit her for the source photograph.
Prince died in 2016, and Conde Nast, Vanity Fair's parent company, licensed from the Andy Warhol Foundation an image known as Orange Prince from the Prince Series for the cover of a tribute magazine. The company paid a fee of roughly $10,250 to run the illustration on the cover. In the past, the Supreme Court has allowed fair use if the work is"transformative," that is, if it"adds something new, with a further purpose or different character, altering the first with new expression, meaning or message." The law also considers whether the use of a work is for commercial or noncommercial use.
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