In a ruling that could have vast implications in the copyright world, the Supreme Court ruled on Thursday that images of Prince created by Andy Warhol that were based on photos taken by Lynn Goldsm…
The court rejected arguments made by the late Warhol’s foundation that the work was sufficiently transformative and did not violate copyright laws. While the work was created in the 1980s, Thursday’s ruling arrives against the backdrop of AI, which has created vast copyright implications over what constitutes originality. Warhol coopted many photographs, logos and other forms of artwork — ranging from soap boxes to iconic photographs — into his works.
“Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists. Such protection includes the right to prepare derivative works that transform the original,” Justice Sonia Sotomayor wrote in the majority opinion. At the center of the case is the “fair use” doctrine in copyright law, which permits the unlicensed use of copyright-protected works in certain circumstances, such as meaning, message and transformations thereof.
In 2019, a federal judge ruled that Warhol’s images had “transformed Prince from a vulnerable, uncomfortable person to an iconic, larger-than-life figure.” However, two years later a federal appeals court overturned that decision, leading to the Supreme Court case. That court ruled that Warhol’s “signature style” was not sufficiently transformative to Goldsmith’s image and did not create a work that was “fundamentally different and new.
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