5 ms·
To be fair, the original image was a commissioned piece, where the photographer was paid for source material by the magazine who also paid for the Warhol image
by acomjean 3y ago
To be fair, the original image was a commissioned piece, where the photographer was paid for source material by the magazine who also paid for the Warhol image. (internet photo search not existing in the 1970s).
Warhols estate sold another image to the magazine and didn't pay the photographer this time. $10,000 was mentioned which might not have paid for the case's legal fees.
"The portrait of Prince was taken by Lynn Goldsmith, a successful rock photographer. In 1984, around the time Prince released “Purple Rain,” Vanity Fair hired Warhol to create a work to accompany an article titled “Purple Fame.” The magazine paid Ms. Goldsmith $400 to license the portrait as an “artist reference,” agreeing to credit her and to use it only in connection with a single issue."
When I was photo editor in College we had some big name acts we got to shoot as they had justed opened our new arena. Typically you sign away your personal rights to the photos and you get a photo pass. Aerosmith, Metalica, lenny Kravitz, James Taylor all had this. Oddly Elton John did not and I got a furious phone call from the venue that one of my staff photographers was selling prints without permission (through the paper classified as was the style in the 90s). He hadn't signed anything and they gave him a photo pass... He hadn't sold any, so after some discussion he stopped. Cell phone cameras have changed the game alot.
[1]https://www.nytimes.com/2023/05/18/us/supreme-court-warhol-copyright.html?unlocked_article_code=TPg0cuhiZP1eMgdOG8P5syxrWCIWW6_sOSZeugrAbhVNlqY2qKkhpTOufaA1GLzhFcyRmw_cinqMHC-fTmisOBMJlUk9vuDPnXwqNenSQqk3Kvaic_eSPpIQzwMDRrFT6VAxCzu42VD8vQ4gNJXL8RhQQINF4jTMc_9VFVSFHaYQhDr66sHxXqBH7NfKSxks9CCuwf9o2Mrnmg3_5qmzDmUidkiJyJe1Q8rZqpj1AtXHZMp5rzk2p9zaCj9Gej9lZScQ3k6crLjKdCWGaysPGdHOnR-cFa0dv3ZOFRsRh9OQnGLQXeQfKAd2ovB_pDhIT1SbkSN27WJPH-pT6CEA9TUJoA&smid=url-share https://www.nytimes.com/2023/05/18/us/supreme-court-warhol-c...
- freejazz 3y agoWell it's not that they didn't pay this time... they did not have the right to use that work because the license for the Warhol works was for the one time initial use on the cover of the magazine. But that wasn't really the issue. The issue was whether or not the commercial use of the work for, essentially the same purpose (depicting Prince on the cover of a magazine) could be "transformative".