The Supreme Court rules the late Andy Warhol infringed on a photographer's copyright when he created a series of Prince silk screens
The ruling was 7-2. The court rejected arguments made by a lawyer of the Andy Warhol Foundation that his work was sufficiently transformative so as not to trigger copyright concerns. The opinion has been closely anticipated by the global art world watching to see how the court would balance an artist’s freedom to borrow from existing works and the restrictions of copyright law.
In a dissent from Justice Elena Kagan that was joined by Chief Justice John Roberts, the liberal justice wrote: “It will stifle creativity of every sort. It will impede new art and music and literature. It will thwart the expression of new ideas and the attainment of new knowledge. It will make our world poorer.” Central to the case was whether Warhol infringed on Goldsmith’s copyright when he created a series of silk screens of the musician Prince.
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