In The Press October 11, 2022

Andy Warhol’s Prince Image Brings Question of What Is Unique Art to Supreme Court (Bloomberg)

The US Supreme Court will consider whether Andy Warhol was within his rights to create 16 images of Prince in 1984 using a copyrighted photograph of the musician. That approach makes some art advocates uneasy. It makes no sense to say a work could be fair use when it’s created but not once it’s licensed or sold, said Jaime Santos, who filed a brief for a groups that include foundations for the late artists Robert Rauschenberg, Roy Lichtenstein and Joan Mitchell. “There’s not a ton of confidence that those same principles won’t apply to the actual creation of the work itself,” said Santos, Appellate and Supreme Court Litigation partner in Washington, DC, while speaking with Bloomberg. “So I think it really just kind of makes a mash of the case law and makes things pretty scary for anyone from museums to foundations to even smaller artists who are making works and using prior works as artists have done for centuries.”