Goldsmith received no payment or credit this time, and she eventually sued the foundation, claiming that Warhol had infringed her copyright, and that the foundation owes her potentially millions of dollars in unpaid licensing fees and royalties. The NPR Politics Podcast Roe Is Done - Here Are The Next Supreme Court Cases To WatchĪfter Prince died in 2016, Vanity Fair's parent company, Conde Nast, expedited a tribute, "The Genius of Prince," featuring many Prince photographs, and it paid the Warhol foundation $10,250 to run "Orange Prince" on its cover. Newsweek didn't use the studio photo, opting instead to use the concert photo, and Goldsmith kept the other photos in her files for future publication or licensing. The result was an image that she would later say was a portrait of vulnerability. She even set her photography umbrellas to create pinpricks of light in his eyes. Goldsmith photographed him in concert and invited him to her studio where she gave him purple eyeshadow and lip gloss to accentuate his sensuality and his androgyny.
At the time the Purple Rain rock star was just starting to take off. In 1981 Goldsmith was commissioned to shoot a series of photos of Prince for Newsweek. On one side of the dispute is Lynn Goldsmith, famous for photographing rock stars and whose work is on more than 100 album covers. And it is a case of enormous importance to all manner of artists. You know all those famous Andy Warhol silk screen prints of Marilyn Monroe and Liz Taylor and lots of other glitterati? Now one of the most famous of these, the Prince series, is at the heart of a case the Supreme Court will examine on Wednesday. A Second Circuit Court of Appeals panel disagreed.Ĭollection of the Supreme Court of the United States 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 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.
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