According to stereogum.com the Supreme Court ruled Thursday that the 2016 publication of an Andy Warhol image of the late singer Prince violated a photographer’s copyright, a decision a dissenting justice said would stifle the creation of art.
The high court ruled 7-2 for photographer Lynn Goldsmith. “Lynn Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists,” Justice Sonia Sotomayor wrote in the opinion for the court.
In a dissenting opinion joined by Chief Justice John Roberts, Justice Elena Kagan argues that the decision “will stifle creativity of every sort. It will impede new art and music and literature. It will thwart the expression of new ideas and the attainment of new knowledge. It will make our world poorer.”
A district court previously ruled in favor of Warhol, citing fair use doctrine but an appeals court reversed the decision. According to New York Times reporter Ben Sisario, today’s decision plus the Ed Sheeran verdict essentially preserve the status quo.
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