The Supreme Court on Thursday ruled that Andy Warhol’s iconic silkscreen images of Prince that were based on photographs taken of the musician violated copyright law.
In a 7-2 vote, the high court said that the Andy Warhol Foundation’s use of photographer Lynn Goldsmith’s headshot of Prince, taken in 1981, infringed on her copyright. The decision has vast implications for the so-called “fair use” defense in the world of visual art, says Jeremy R. Paul, a professor of law and former dean of Northeastern’s School of Law.
Justice Elena Kagan and Chief Justice John Roberts were the two dissenting votes.
“I think Justice Kagan has this case right,” Paul says. “It’s your classic case where both sides have strong policy-based arguments. The photographer’s position is that this is my original work, and there need to be incentives to creative…
