Apr 1, 2021
Court says Andy Warhol violated copyright law by using Lynn Goldsmith’s photo of Prince without permission
The 2nd Circuit Court of Appeals reversed a 2019 ruling from New York’s federal court finding that Andy Warhol had made fair use of Goldsmith’s 1981 photograph of Prince when he created the “Prince Series.” Goldsmith appealed that verdict, arguing that the Warhol artworks were not a transformative use of her image.
“We agree,” judge Gerard E. Lynch wrote. “The Prince Series works are substantially similar to the Goldsmith Photograph as a matter of law.”
The Warhol Foundation plans to appeal the ruling, reports ARTnews.