![]() ![]() It will impede new art and music and literature. Kagan wrote of the majority’s ruling: “It will stifle creativity of every sort. According to The New York Times, Goldsmith “received no money or credit.” When Prince died in 2016, the magazine’s parent company, Condé Nast, published a special issue devoted to the artist, and paid the foundation $10,250 to use another of Warhol’s 16 renderings on its cover. She was paid a $400 licensing fee and credited for her work, The New York Times reports. Vanity Fair used Goldsmith’s portrait of Prince as an “artist reference” for Warhol’s work, which the magazine commissioned for one of its issues. Photo by Alyssa Stone/Northeastern University Northeastern University Professor of Law Jeremy Paul. “The Warhol position is that, once things have been created, we ought to have robust trade, expansion and new uses, and if we overprotect them-as I think the court did in this case-we’ll constrict the ability of people to riff on things, which is what jazz is all about, for example,” Paul says. The photographer’s position is that this is my original work, and there need to be incentives to creative original works. “It’s your classic case where both sides have strong policy-based arguments. ![]() “I think Justice Kagan has this case right,” Paul says. Justice Elena Kagan and Chief Justice John Roberts were the two dissenting votes. Paul, a professor of law and former dean of Northeastern’s School of Law. The decision has vast implications for the so-called “fair use” defense in the world of visual art, says Jeremy R. 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 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. ![]()
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