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By posing for the photo, Prince was implicitly allowing his image to be used for that photo. Goldsmith got permission; Warhol didn't.
by bitwize 3y ago
By posing for the photo, Prince was implicitly allowing his image to be used for that photo. Goldsmith got permission; Warhol didn't.
- gedy 3y agoI agree, but commenting on the "transformative" aspect. Warhol was much more transformative of Prince's face.
- lesuorac 3y agoTo avoid copying all over the place: https://news.ycombinator.com/item?id=35992109 https://news.ycombinator.com/item?id=35992109 Transformative refers to how the work of art is used not produced.
- ghaff 3y agoAbsent contracts and limitations to the contrary, at least in the US, once an image of you is out there, your rights are pretty limited unless it's used in either a commercial (esp. advertising) context or in a misleading/defamatory way. I know there are stronger protections in some of Europe although I'm not sure how effective those rules are in practice.
- freejazz 3y agoThere is no issue with Prince's permission for this case... at all. Full stop.
- bitwize 3y agoGoldsmith got implicit permission from Prince, so she's in the clear. Warhol didn't get permission from Goldsmith. Were Prince still alive, though, he might have made himself a plaintiff in this case -- we're talking about the man who had his lawyers send Weird Al Yankovic a threatening letter forbidding him from even looking at him.
- freejazz 3y ago[flagged]