The Supreme Court heard a consequential copyright case on Wednesday, having to do with whether Andy Warhol’s estate owes a photographer a licensing fee for basing his portraits on Prince on o…
, posing a hypothetical to one of the lawyers, made a reference to being a Prince fan, “which I was in the 80s.”“Well,” Thomas said, as he himself chuckled, before pausing and adding, “Only on Thursday night.”The oral arguments actually were chalk full of pop culture references — one attorney at one point compared— given that it is a case that has potential implications over the future of the “fair use” doctrine in copyright law.
The Warhol Foundation has argued that the Prince portraits are transformative uses, as Warhol’s works give a new meaning to the copyrighted photos: Warhol’s artwork portrayed him as iconic, the photo featured Prince as a vulnerable figure. Although a district court sided with the foundation, the Court of Appeals backed the photographer, and the Warhol side appealed to the Supreme Court.
“Consider, for example, a hypothetical remake of the film Casablanca that is entirely the same as the Roman Martinez, representing the Warhol Foundation, argued that there was a distinction in that a book-to-movie adaptation wouldn’t be sufficiently transformative to fall under fair use.
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