Art
US court sides with photographer in fight over Warhol art – Coast Reporter
NEW YORK — A U.S. appeals court sided with a photographer Friday in her copyright dispute over how a foundation has marketed a series of Andy Warhol works of art based on her pictures of Prince.
The New York-based 2nd U.S. Circuit Court of Appeals ruled that the artwork created by Warhol before his 1987 death was not transformative and could not overcome obligations to photographer Lynn Goldsmith’s copyright protections. It returned the case to a lower court for further proceedings.
Warhol created a series of 16 artworks based on a 1981 picture of Prince that was taken by Goldsmith, a pioneering photographer known for portraits of famous musicians. The series contained 12 silkscreen paintings, two screen prints on paper and two drawings.
“Crucially, the Prince Series retains the essential elements of the Goldsmith Photograph without significantly adding to or altering those elements,” the 2nd Circuit said in a decision written by Judge Gerard E. Lynch.
The decision overturned a 2019 ruling by a Manhattan judge who concluded that Warhol’s renderings were so different from Goldsmith’s photograph that they transcended Goldsmith’s copyrights.
U.S. District Judge John G. Koeltl in Manhattan had concluded that Warhol transformed a picture of a vulnerable and uncomfortable Prince into an artwork that made the singer an “iconic, larger-than-life figure.”
In 1984, Vanity Fair licensed one of Goldsmith’s black-and-white studio portraits of Prince from her December 1981 shoot for $400 and commissioned Warhol to create an illustration of Prince for an article titled “Purple Fame.”
The dispute emerged after Prince’s 2016 death, when the Andy Warhol Foundation for the Visual Arts licensed the use of Warhol’s Prince series for use in a magazine commemorating Prince’s life. One of Warhol’s creations was on the cover of the May 2016 magazine.
Goldsmith claimed that the publication of the Warhol artwork destroyed a high-profile licensing opportunity.
Attorney Luke Nikas said the Warhol Foundation will challenge the ruling.
“Over fifty years of established art history and popular consensus confirms that Andy Warhol is one of the most transformative artists of the 20th Century,” Nikas said in a statement. “While the Warhol Foundation strongly disagrees with the Second Circuit’s ruling, it does not change this fact, nor does it change the impact of Andy Warhol’s work on history.”
Attorney Barry Werbin said Goldsmith, his client, was “beyond happy and very grateful to everyone who helped get to this day.”
“Apart from being ecstatic as to the result, in my view it’s a long overdue reeling in of what had become an overly-expansive application of copyright “transformative” fair use,” Werbin said in an email.
“The decision helps vindicate the rights of photographers who risk having their works misappropriated for commercial use by famous artists under the guise of fair use,” he added.
The three-judge 2nd Circuit panel said it hoped its ruling would bring more clarity to copyright law. It repeatedly compared the copyright issues to what occurs when books are made into movies. The movie, it noted, is often quite different from the book but yet retains copyright obligations.
The appeals court also said the unique nature of Warhol’s art should have no bearing on whether the artwork is sufficiently transformative to be deemed “fair use” of a copyright, a legal term that would free an artist from paying licensing fees for the raw material it was based on.
“We feel compelled to clarify that it is entirely irrelevant to this analysis that “each Prince Series work is immediately recognizable as a ‘Warhol,’” the appeals court said. “Entertaining that logic would inevitably create a celebrity-plagiarist privilege; the more established the artist and the more distinct that artist’s style, the greater leeway that artist would have to pilfer the creative labours of others.”
Larry Neumeister, The Associated Press
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The Courtauld Gallery at Somerset House has reopened its doors to the public after a fire swept through the historic building in central London. While the gallery has resumed operations, the rest of the iconic site remains closed “until further notice.”
On Saturday, approximately 125 firefighters were called to the scene to battle the blaze, which sent smoke billowing across the city. Fortunately, the fire occurred in a part of the building not housing valuable artworks, and no injuries were reported. Authorities are still investigating the cause of the fire.
Despite the disruption, art lovers queued outside the gallery before it reopened at 10:00 BST on Sunday. One visitor expressed his relief, saying, “I was sad to see the fire, but I’m relieved the art is safe.”
The Clark family, visiting London from Washington state, USA, had a unique perspective on the incident. While sightseeing on the London Eye, they watched as firefighters tackled the flames. Paul Clark, accompanied by his wife Jiorgia and their four children, shared their concern for the safety of the artwork inside Somerset House. “It was sad to see,” Mr. Clark told the BBC. As a fan of Vincent Van Gogh, he was particularly relieved to learn that the painter’s famous Self-Portrait with Bandaged Ear had not been affected by the fire.
Blaze in the West Wing
The fire broke out around midday on Saturday in the west wing of Somerset House, a section of the building primarily used for offices and storage. Jonathan Reekie, director of Somerset House Trust, assured the public that “no valuable artefacts or artworks” were located in that part of the building. By Sunday, fire engines were still stationed outside as investigations into the fire’s origin continued.
About Somerset House
Located on the Strand in central London, Somerset House is a prominent arts venue with a rich history dating back to the Georgian era. Built on the site of a former Tudor palace, the complex is known for its iconic courtyard and is home to the Courtauld Gallery. The gallery houses a prestigious collection from the Samuel Courtauld Trust, showcasing masterpieces from the Middle Ages to the 20th century. Among the notable works are pieces by impressionist legends such as Edouard Manet, Claude Monet, Paul Cézanne, and Vincent Van Gogh.
Somerset House regularly hosts cultural exhibitions and public events, including its popular winter ice skating sessions in the courtyard. However, for now, the venue remains partially closed as authorities ensure the safety of the site following the fire.
Art lovers and the Somerset House community can take solace in knowing that the invaluable collection remains unharmed, and the Courtauld Gallery continues to welcome visitors, offering a reprieve amid the disruption.
Sudbury’s annual art and music festival is marking a significant milestone this year, celebrating its long-standing impact on the local cultural scene. The festival, which has grown from a small community event to a major celebration of creativity, brings together artists, musicians, and visitors from across the region for a weekend of vibrant performances and exhibitions.
The event features a diverse range of activities, from live music performances to art installations, workshops, and interactive exhibits that highlight both emerging and established talent. This year’s milestone celebration will also honor the festival’s history by showcasing some of the artists and performers who have contributed to its success over the years.
Organizers are excited to see how the festival has evolved, becoming a cornerstone of Sudbury’s cultural landscape. “This festival is a celebration of creativity, community, and the incredible talent we have here in Sudbury,” said one of the event’s coordinators. “It’s amazing to see how it has grown and the impact it continues to have on the arts community.”
With this year’s milestone celebration, the festival promises to be bigger and better than ever, with a full lineup of exciting events, workshops, and performances that will inspire and engage attendees of all ages.
The festival’s milestone is not just a reflection of its past success but a celebration of the continued vibrancy of Sudbury’s arts scene.
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