RASCOE: So did he get the photographer's permission or pay a licensing fee? But in any event, he went beyond the magazine's licensing agreement and created a set of 16 Prince silkscreens that have since been sold and reproduced to the tune of hundreds of millions of dollars in profits for the Andy Warhol Foundation, which is a nonprofit that was set up after his death. There is, by the way, no evidence in the record that Warhol knew about the licensing fee. The magazine paid Goldsmith $400 in licensing fees, and it promised in writing only to use the image in this one Vanity Fair issue. And the magazine commissioned Andy Warhol to make an illustration of Prince for an article it was running about him and to use, as a reference, one of Lynn Goldsmith's black-and-white photos. It's a few years later, and by then, Prince was a superstar. Newsweek used the concert photo, and Goldsmith kept the other photos in her files for future publication or licensing.Įnter now, Vanity Fair. And I won't say more, except to note that she was sort of creating a portrait that she would later say was a portrait of vulnerability. #Change featured photo privacy facebook series#Goldsmith got a commission to shoot a series of photos of Prince for Newsweek in 1981, when Prince was just beginning to take off. On one side of the dispute is Lynn Goldsmith, famous for photographing rock stars and whose work is on more than a hundred album covers. TOTENBERG: You know all those famous Andy Warhol silkscreen prints of Marilyn Monroe and Liz Taylor? This case is about the Prince series. RASCOE: All right, so, Nina, who are the warring parties in this case? NINA TOTENBERG, BYLINE: Thank you so much. And joining us to prove that is NPR legal affairs correspondent Nina Totenberg. We promise this copyright story is not going to be boring. It is a case of huge importance to creative artists of all kinds because it involves copyright. The Supreme Court this week hears arguments in a case that is - let's all sigh with relief - nowhere on the culture war barometer.
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