IF U USE MY ART IN UR ART, IS IT NEW ART?

2day’s WTCupcake 🧁🚫 Moment in #fashionlaw is c/o @abajournal and Reuters.com

Back in 1981, before the movie, Purple Rain was released, Lynn Goldsmith photographed PRINCE and sold the image to Vanity Fair.

Unbeknownst to Goldsmith, Vanity Fair licensed the image to Andy Warhol for a fee.

The rest is pop art lore. Over the years, Warhol created 14 silkscreen prints and two pencil illustrations inspired by Goldsmith’s photograph.

“Goldsmith, 74, claims she only learned of Warhol’s use of her work after Prince’s 2016 death.”

She complained.  And in response, Warhol Foundation filed a preemptive lawsuit to decide the matter once and for all.

🙀WTCupcake 🧁🚫

A District judge found Warhol’s works were protected by fair use, having transformed the “vulnerable” musician seen in Goldsmith’s work into an “iconic, larger-than-life figure.”

The Manhattan-based 2nd U.S. Circuit Court of Appeals reversed that ruling last year finding for Goldsmith.  The Court of Appeals stated that the “district judge should not assume the role of art critic and seek to ascertain the intent behind or meaning of the works at issue”. “Judges are typically unsuited to make aesthetic judgments and … such perceptions are inherently subjective.”

Now, the fate of follow on art (original artworks that incorporate preexisting works) is unclear.

The Supreme Court heard the case in October 12, 2022. 🙀. How will the Court rule??

The Andy Warhol Foundation for the Visual Arts Inc. v. Goldsmith

DISCLAIMER:

Darling, this blog is not meant to be legal advice. Rather, these posts represent what I consider to be amazing WTC?! happenings in the field of fashion law. If you are wrestling with a pressing legal issue, please retain a qualified attorney to help! 🧁😉

@mariessaterrellesq

@mariessa.terrell 🔎

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