Using Somebody Else's Photo

Court Case

Andy Warhol Foundation v. Goldsmith, 2021

Please note that it is a copyright case in the United States; hence the judgment falls under a legal jurisdiction other than the UK.

Andy Warhol Foundation v. Goldsmith is a copyright case in the United States on whether Warhol’s use of a photograph of Prince by Lynn Goldsmith was a copyright infringement or fair use.

The photograph (left) taken by celebrity photographer Goldsmith was commissioned in 1981 as an artist reference for Newsweek magazine.

In 1984, Warhol used the photograph as a source to create a work for Vanity Fair along with 15 additional pieces. Goldsmith was not made aware of the series until the musician died in 2016 when Condé Nast published a tribute featuring one of Warhol’s works.

A two-part visual with both sides presenting different content. On the left side is a black-and-white photograph of the musician Prince. He is shown looking directly into the camera with a serious expression. This image captures his distinctive hairstyle and clothing (a high-collared shirt with dark suspenders). On the right side, a grid of various colourful photos that appear to be artistic renditions of the same photograph of Prince on the left. The different versions explore multiple colour schemes and creative interpretations, each image modifying the original in terms of background, colour saturation, or style. The image follow a pop-art style, with some resembling the iconic work of artists like Andy Warhol, who was known for his colourful, repetitive portrait style. Above the image, there is legal document information indicating it is part of a case file: Case 1:17-cv-02532-JGK Document 18 Filed 06/09/17 Page 14 of 25.
Photo from https://itsartlaw.org/2021/05/10/a-blow-to-pop-art
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Update: As plaintiffs and defendants may appeal against a judgment, they will bring the case to a higher court - see this article to know more.

The author takes no responsibility for the content of this page, which is not intended as binding legal advice. The views are about copyright in the UK Higher Education sector context.