July 16, 2024
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The Andy Warhol Foundation for the Visual Arts has reportedly agreed to settle a copyright infringement proceeding with Lynn Goldsmith over a photograph of Prince that Goldsmith claimed Andy Warhol used illegally in his “Prince Series”.
The case involved a defence of fair use, with the US Supreme Court ruling that Warhol’s use of the photo in his artwork did not constitute fair use.
Although Vanity Fair licensed the photo from Goldsmith for a one-time use by Warhol in 1984, Warhol went on to use the photo in his series without giving payment or credit to Goldsmith. Vanity Fair also reused the photo in its 2016 tribute to Prince, leading Goldsmith to launch her suit.
The two parties reportedly settled for just over $21,000, which includes costs and licensing fees for Vanity Fair’s 2016 use. Goldsmith’s claims regarding the original use of her photograph will not advance due to an expired statute of limitations. Additionally, the Warhol Foundation reportedly dropped its countersuit claiming fair use.
Authors: Noa Rapaport and Kasia Donovan
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