▲ Goldsmith's picture (left), Andy Warhol's picture (right)


Photographer Lynne Goldsmith, who sued Andy Warhol for copyright infringement, won the second trial.

Previously, the court of first instance sided with the Warhol Foundation, but as the judgment was overturned in the second instance, their legal battle is expected to be prolonged.



On the 29th local time, local media such as the Wall Street Journal (WSJ) and NBC reported that the copyright dispute between the Warhol Foundation and Goldsmiths, which has been going on since 2016, is going to start an appeal.



The work at the center of the copyright dispute is the 16th series of portraits of the famous American pop star Prince, which Warhol commissioned for the cover of 'Vanity Fair', a monthly American entertainment information magazine, in 1984.



At the time, Warhol produced the work using the silk screen technique, a type of stencil printing, and it was revealed that the photograph used as the draft for this painting was a photograph taken by Goldsmith.



It was only after the death of Prince, the protagonist of her portrait, that Goldsmith became aware that Warhol had used her own photograph in her work without permission.



Then, the Warhol Foundation sought a judgment from the court, saying, "Warhol's work does not infringe copyright," and Goldsmith also filed a countersuit.


In the first trial held in Manhattan, New York in 2019, the court found that Warhol's use of photos was not copyright infringement, taking 'fair use' as an example.



'Fair use' is a regulation that allows limited use of copyrighted works without permission in the United States copyright law within the scope that does not unreasonably infringe the interests of the copyright holder.



However, the second instance judge had a different opinion.

To be considered 'fair use', the artistic purpose and characteristics of the two works must be completely different.



The Warhol Foundation immediately protested against the judgment of the second trial as a threat to the whole of modern art.



Related institutions such as the Brooklyn Museum of Art also submitted a statement of opinion, saying, "Using existing images is an artistic technique that has been used for centuries, and is the core of modern art."



In the midst of fierce debate within the art world over 'fair use', the Supreme Court is scheduled to begin a new hearing on the Warhol copyright dispute from October.



This is a 'news pick'.



(Photo = Yonhap News)