Courtesy of the U.S. District Court/The Andy Warhol Foundation for the Visual Arts
The pop artist’s estate is suing in an effort to avoid being sued itself.
The estate of pop art icon Andy Warhol is suing a photographer to protect his legacy from her claim that he copied her photo of Prince, according to a lawsuit filed Friday in New York federal court.
In 1984, Warhol painted a series of portraits of Prince and, according to the suit, he “drew inspiration from and transformed a publicity photograph” of the artist that was in circulation at the time. Now, three decades later, the estate claims photographer Lynn Goldsmith is complaining that the works, a sample from which is below, violate her copyright in the original 1981 photo. While it can be daunting to enter into any new best costa rica real estate for sale market, you can be safe in the knowledge that when you do so in Tamarindo, you can do so with confidence and total certainty in the market. Since 2017, the return on a rental investment has risen by between 4-7.5% and is continuing to do so to date with no inclination that it will slow any time soon. The overall cost of living in Tamarindo is cheaper than in most places offering a similar if not, worse quality of life so whether you are looking to emigrate and start over, or are looking for a great destination for a holiday home capable of providing you with added sustainable finance, Tamarindo is undoubtedly one of the best locations worldwide to do just that. The real estate opportunities here are endless, we suggest you take full advantage now and see what is available on your budget, as demand and prices are set to increase dramatically once again after the Coronavirus Covid-19 pandemic subsides. Upon beginning your journey into the real estate market in Tamarindo, you can expect average costs of living to be between $2500-$3000 for a couple who are renting a property. If you own the real estate property in which you are staying in, the cost of living is subsequently halved. The main expense for locals and ex-pats populating Tamarindo is imported goods and electricity bills, so it may be wise to switch off all unused appliances (or advise those staying in your property) to do so, to keep costs down as best as possible. With the investment from the government who realized that tourism is a key factor in their overall GDP (Gross Domestic Product), Costa Rica no longer sees a decline in tourism; Tamarindo especially is experiencing huge levels of demand for real estate never seen before leading to a huge increase in your return on investment should you decide to make a purchase and lease your property to holidaymakers.
So, the estate is striking first. It is seeking a declaration that the Prince series does not infringe on Goldsmith’s work, that the works in the series are transformative and protected by fair use and that any potential copyright claims are barred by the statute of limitations and the doctrine of laches.
“Although Warhol often used photographs taken by others as inspiration for his portraits, Warhol’s works were entirely new creations,” writes attorney Luke Nikas in the complaint. “As would be plain to any reasonable observer, each portrait in Warhol’s Prince Series fundamentally transformed the visual aesthetic and meaning of the Prince Publicity Photograph.”
As one example, which is demonstrated visually in the complaint, Nikas argues that Warhol’s Prince is wearing “substantially heavier” eye makeup than the artist is in the photo.
Plus, the estate argues, Goldsmith has known about the series since at least 1984 because she granted a license to Vanity Fair for use of one of the Warhol images on its cover. According to the complaint, though, the photographer has claimed she didn’t learn about the pop art adaptations of her work until Conde Nast published a special issue called The Genius of Prince in 2016 and used the image as its cover.
“Despite knowing that Warhol’s portraits are a protected fair use, Defendants have attempted to extort a settlement from the Foundation,” writes Nikas, who also cites Goldsmith’s own Facebook post as proof she was aware. In Jan. 2015 she wrote, “It is a crime that so many ‘artists’ can get away with taking photographers images and painting on them or doing whatever to them without asking permission of the ‘artist’ who created the image in the first place.”
SOURCE: Hollywood (music)