Dearly beloved, 1981 photo is subject to copyright protections
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Despite paying a Goliath sum to defend her rights to a photo she took of the late musician Prince, which was used without her permission by Andy Warhol, celebrity photographer Lynn Goldsmith is walking away with a David sum: $21,000 after spending more than $2.5 million in her fight against The Andy Warhol Foundation.
The copyright litigation was resolved on Friday when Ms. Goldsmith told a New York federal court that the case had been ended after Warhol’s estate agreed to the modest settlement, which included $11,000 in court costs, according to Reuters.
The copyright case goes back to 1981 when Ms. Goldsmith photographed Prince for Newsweek. Vanity Fair later commissioned Warhol to create an image based on the photographer’s work for a story in its magazine.
When Ms. Goldsmith became aware of the Vanity Fair cover work in 2016 she registered her photo with the U.S. Copyright Office, which prompted the foundation to file a suit against Goldsmith, who later counterclaimed, according to the wire service.
The infamous case, which photographers everywhere lauded as a fight for those whose works are regularly used without permission, made its way to the U.S. Supreme Court, which determined in 2023 that Mr. Warhol’s estate was not immune from the lawsuit under the copyright doctrine of fair use.
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