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Planet Money

The prince of prints and his prints of Prince

Sep 6, 2023
A photographer's portrait of Prince led to a legal battle over fair use when Andy Warhol used the photo without giving credit or payment. The case raised questions about what makes art unique and when a derivative work becomes transformative. The podcast explores the evolution of fair use in copyright law, the impact of transformative use in art, and the Supreme Court's ruling in favor of the photographer.
28:46

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Quick takeaways

  • The Andy Warhol case involving his transformation of a photograph of Prince into a colorful artwork sparked a Supreme Court debate over fair use and copyright infringement, emphasizing the delicate balance between creativity and commerce in copyright law.
  • The Supreme Court's consideration of transformative use in the Warhol case reveals a shift from the meaning and message of art to its market impact, raising questions about the intersection of art and commerce in copyright law.

Deep dives

The Tricky Balance of Copyright Law

Copyright law faces the challenge of balancing the protection of creative work while allowing for borrowing and remixing. The Supreme Court recently dealt with this issue in the Andy Warhol case, which involved the use of a photograph of Prince taken by Lin Goldsmith. Warhol transformed the black and white portrait into a colorful artwork. The court had to determine whether this transformation constituted fair use or copyright infringement. The case highlights the delicate balance between creativity and commerce in copyright law.

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