- Title: Supreme Court tackles Andy Warhol copyright dispute over Prince paintings
- Date: 12th October 2022
- Summary: WASHINGTON, D.C. UNITED STATES (FILE - SEPTEMBER 30, 2022) (REUTERS) VARIOUS EXTERIORS OF THE UNITED STATES SUPREME COURT BUILDING
- Embargoed: 27th October 2022 00:07
- Keywords: Andy Warhol Clarence Thomas Elena Kagan Prince SCOTUS Supreme Court Warhol copyright
- Location: VARIOUS
- City: VARIOUS
- Country: US
- Topics: Art,Arts/Culture/Entertainment,United States
- Reuters ID: LVA001188012102022RP1
- Aspect Ratio: 16:9
- Story Text: In lively arguments that touched on the meaning of art and referenced famous films, TV shows and paintings, U.S. Supreme Court justices on Wednesday (October 12) grappled with a copyright dispute between a photographer and Andy Warhol's estate over the acclaimed artist's paintings of rock star Prince.
The court heard about two hours of arguments in a case that could help map the boundaries for artistic works that draw upon other material.
Harvard Law professor Rebecca Tushnet, who wrote a brief supporting Warhol's estate with other copyright scholars said the high court's take on the case was very hard to predict.
"It's really hard to tell, especially with the Supreme Court the way it is right now," she told Reuters after listening to the arguments.
The Andy Warhol Foundation appealed a lower court's ruling that his 1984 paintings - based on a 1981 photo of Prince that celebrity photographer Lynn Goldsmith shot for Newsweek magazine - were not protected by a copyright law doctrine called fair use that allows certain unlicensed use of copyright-protected works.
Justice Clarence Thomas noted that he was a Prince fan in the 1980s.
"No longer?" Justice Kagan interjected mischievously.
"Well, only on Thursday night," Thomas responded to laughter from some attending the hearing.
"But let's say that I'm also a Syracuse (Orange) fan and I decide to make one of those big blowup posters of (Warhol's) 'Orange Prince,'" and "put 'Go Orange' underneath. Would you sue me?" Thomas asked the estate's lawyer Roman Martinez.
Warhol, who died in 1987, was a central figure in the pop art movement that arose in the 1950s. Warhol often created silkscreen print paintings and other works inspired by photos of celebrities including Marilyn Monroe and Elvis Presley as well as consumer products, work with considerable artistic and monetary value.
He made 14 silkscreen prints and two pencil illustrations inspired by Goldsmith's photograph.
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