In 2023, The US Supreme Court has ruled that Andy Warhol's use of a 1981 portrait of Prince, taken by photographer Lynn Goldsmith, did not qualify as fair use. This decision has significant implications for artistic creativity, limiting the scope of fair use—a legal doctrine that permits the use of copyrighted material for purposes like information, criticism, or teaching without needing permission or paying royalties.


 

 

"Goldsmith's original work, like that of other photographers, deserves protection even against renowned artists," stated Justice Sonia Sotomayor in the majority opinion.

Lynn Goldsmith, known for her rock star photographs, took a portrait of the emerging musician Prince. In 1984, Vanity Fair paid her $400 to use the portrait for an article, with the condition it be used only for that publication. Warhol then altered the photo in a series of 16 images, one of which appeared in the article.

After Warhol's death in 1987, the Warhol Foundation claimed these alterations justified fair use. However, following Prince's death in 2016, Vanity Fair paid the Foundation over $10,000 to use another image from the series for a special issue. Goldsmith, who received no compensation or recognition, filed a lawsuit.

The case highlighted the limits of what constitutes a transformative work. The Court concluded that Warhol's alterations of the photograph for commercial purposes did not sufficiently add new expression or meaning to qualify as transformative, thus requiring adherence to copyright laws.