Any Warhol Foundation Given Fair Use

The Andy Warhol Foundation wins its copyright fight against Lynn Goldsmith. Lynn Goldsmith alleged that Andy Warhol unlawfully used her 1981 Photograph of Prince. Warhol repurposed the photograph by illustrating it for an Issue of Vanity Fair in 1984 which was licensed to them for the price of $400. Then he went on to do a series of sixteen artworks known as the Prince Series.

Warhol’s work on people such as Marilyn Monroe has become more recognisable and iconic that the original work and this is similar in that retrospect as the judge held that it took a “Vulnerable, uncomfortable figure” which was how he described the Lynn Goldsmith Photo into an “iconic larger than life figure” Therefore the work of Warhol held to be transformative and fair use. The Series of work which was not licensed by Vanity Fair is immediately recognisable as a ‘Warhols’ not as a realistic photograph of that person.

By Owen White Third Year Law Student Solent University

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