Goldsmith’s original photo is black and white. Without it, the purple-faced and orange-faced versions of the Prince images would look the same. Images occasionally appear in opinions, particularly in art cases, but this time the color was particularly helpful. The images were some of more than a dozen in the decision, unusual for a high court opinion. As one example she cited paintings by the artist Giorgione and his pupil Titian, including images of a reclining nude by each. Kagan said the visual arts has a tradition of imitation and copying. Kagan wrote that the majority’s decision would “impede new art and music and literature” and “thwart the expression of new ideas and the attainment of new knowledge.” “It will make our world poorer,” she concluded. In a dissent, Kagan asked, “If Warhol does not get credit for transformative copying, who will?” She was joined in her dissent by Chief Justice John Roberts. It was that second use that the justices dealt with in the case. Following Prince’s death in 2016 Vanity Fair ran a different image from the series on its cover - Prince with an orange face. Vanity Fair chose one of the resulting images - Prince with a purple face - to run in the magazine. Warhol then created a series of images in his signature bright-colored and bold style. Warhol used one of Goldsmith’s photos as a starting point, a so-called artist reference, and Vanity Fair paid Goldsmith to license the photo. The case involved images Warhol created of Prince as part of a 1984 commission for Vanity Fair. In a dissent, Justice Elena Kagan warned that the decision would “stifle creativity of every sort” and suggested the majority needed to “go back to school” for an Art History 101 refresher course. “Lynn Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists,” Justice Sonia Sotomayor wrote in the opinion for the court. The high court ruled 7-2 for photographer Lynn Goldsmith. WASHINGTON (AP) - The Supreme Court ruled Thursday that the 2016 publication of an Andy Warhol image of the singer Prince violated a photographer’s copyright, a decision a dissenting justice said would stifle the creation of art.
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