It paid the foundation $10,250 to use a different image from the series for the cover. When Prince died in 2016, Vanity Fair’s parent company, Condé Nast, published a special issue celebrating his life. Warhol died in 1987, and the Andy Warhol Foundation for the Visual Arts assumed ownership of his work. In a series of 16 images, Warhol altered the photograph in various ways, notably by cropping and coloring it to create what his foundation’s lawyers described as “a flat, impersonal, disembodied, masklike appearance.” Vanity Fair ran one of them. Goldsmith $400 to license the portrait as an “artist reference,” agreeing to credit her and to use it only in connection with a single issue. In 1984, around the time Prince released “Purple Rain,” Vanity Fair hired Warhol to create an image to accompany an article titled “Purple Fame.” The magazine paid Ms. A central question for the justices was how to assess whether a Warhol work based on her photograph had meaningfully transformed it. The case concerns a portrait of Prince by Lynn Goldsmith, a successful rock photographer.
The case will test the scope of the fair-use defense to copyright infringement, which makes exceptions for copying that would otherwise be unlawful if it involves activities like criticism and new reporting.
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