Last year the Supreme Court decided the case of Andy Warhol Foundation Visual Arts v. Goldsmith, 143 S. Ct. 1258 (2023). [Read our blog post from shortly after the decision.] The case was particularly intriguing because it involved the artwork of a famous artist (Andy Warhol) that depicted a famous musician (Prince). The court’s decision provided critically important insight into the copyright doctrine of fair use. It centered on the copyright implications of “transformative” use, particularly within the visual arts and is already greatly affecting how courts treat the fair use doctrine. [See, e.g., how the Fourth Circuit handled this case about a photograph of musician Ted Nugent.] Because the Court found there was no fair use, the litigation continued. Now we have learned that the case has settled.
Courthouse news reports that last Friday (March 15, 2024) the Andy Warhol Foundation reached an agreement to pay photographer Lynn Goldsmith over $21,000 to resolve the dispute. The Foundation’s law firm expressed relief in concluding the litigation and eagerness to continue supporting emerging artists. This settlement reportedly includes around $11,000 for court costs, effectively ending the years-long dispute. The Foundation initially pursued the lawsuit to advocate for artistic freedom and to honor Andy Warhol’s legacy. In their recent statement, the Foundation reiterated its commitment to artistic free expression and Warhol’s enduring influence. Despite the settlement, the Foundation says that it “respectfully” maintains that Warhol’s original creation of the Prince Series was an act of fair use.
