A portrait of Prince taken by Lynn Goldsmith in 1981 and 16 silk-screened images Andy Warhol later created using the photo as a reference. A Federal District Court judge found that Warhol's series is"transformative" because it conveys a different message from the original, and thus is fair use. A Second Circuit Court of Appeals panel disagreed.
On one side of the dispute is Lynn Goldsmith, famous for photographing rock stars and whose work is on more than 100 album covers. In 1981 Goldsmith was commissioned to shoot a series of photos of Prince for. At the time the Purple Rain rock star was just starting to take off. Goldsmith photographed him in concert and invited him to her studio where she gave him purple eyeshadow and lip gloss to accentuate his sensuality and his androgyny.
The result, according to the foundation, is"a flat, impersonal, disembodied, masklike appearance" that is no longer vulnerable but iconic. Essentially, the foundation is arguing that Warhol used a black-and-white photograph as a building block, in much the way that a collage artist might use slices of different photos in a larger work.
Bitter artists. Sorry, you get to be the photographer who took the great image that was turned into an amazing work. By Andy Warhol. Take your win and some more photos?
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