Prince, Andy Warhol feature in Supreme Court copyright case

FILE PHOTO: Pages of the more than 140 page petition submitted to the U.S. Supreme Court by the Andy Warhol Foundation for the Visual Arts in an appeal of a previous judgement in their case against photographer Lynn Goldsmith - REUTERSPIX: Pop music and art converge on the US Supreme Court on Wednesday as it hears whether a photographer should be compensated for a picture she took of Prince used in a work by Andy Warhol.

In 1984, as Prince’s “Purple Rain” album was taking off, Vanity Fair asked Warhol to provide an image to accompany a story on the musician in the glossy magazine. “This time, no credit or payment to Goldsmith,“ her lawyers said in a brief. “Copyright law cannot possibly prescribe one rule for purple silkscreens and another for orange ones.”The Warhol Foundation countered by arguing that Warhol’s “Prince Series” is “transformative” is and therefore not infringing on any copyright.

An appeals court disagreed last year, however, saying “the district judge should not assume the role of art critic and seek to ascertain the intent behind or meaning of the works at issue.”

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