Supreme Court rules against Andy Warhol in Prince copyright infringement case
Kaelan Deese
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The Supreme Court ruled on Thursday the late Andy Warhol infringed on a photographer’s copyright when he used a series of silk screens based on an image of the late singer Prince.
Through a 7-2 decision written by Justice Sonia Sotomayor, the justices rejected the position from the foundation that holds Warhol’s rights in a battle surrounding the use of an image on a Conde Nast magazine cover. Warhol’s foundation said the images transformed music photographer Lynn Goldsmith’s 1981 portrait of Prince, making them “fair use” under federal copyright law.
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The question is whether the first fair use factor in the infringement dispute weighs in favor of the foundation’s commercial licensing to the magazine company. The majority of justices held that the first factor favors Goldsmith, rather than the foundation.
This is a developing story and will be updated.