The case in which Andy Warhol was accused of stealing a photograph of Prince, as illustrated by Lynn Goldsmith, highlights the absurdity of copyright law. The court decision supposes that using the copyrighted picture is possible if the artist does not do it for commercial purposes or the character of the artistic work is entirely different from the original. In the case of the series of silk photographs, the art’s purpose is similar to the actual image of the musician. For this reason, I assume that creativity cannot be measured by the simple rules the copyright law supposes. Artists take inspiration from the surrounding reality, and protecting everything that influences them with copyright is impossible.
However, from the perspective of creativity, Andy Warhol was inspired by Prince and his appearance. First, the artwork is composed of various materials and features a series of similar yet distinct visual representations of the face, all made of silk. Second, it can be regarded as a stylish way to present the image of the musician who was iconic during his lifetime. It is possible to consider Warhol’s artistic expression as a tribute to another artist, not plagiarism (Jellyfish Learning). Third, the person who believes Warhol’s work is an example of stealing is Lynn Goldsmith, not the musician whose photo was inspired (Veltman 1). The photographer assumes that she owns the right to the visual representation of another person.
It is essential to understand that nothing in art is truly original, and avoiding parallels with previously created works is impossible. When a person tries to be completely original in their work, there is a risk that nothing will be created because it may involve repeating something that already exists in human culture. Therefore, this use is not legitimate from the perspective of the copyright rule; however, these reasons disregard the artistic nature of creativity that is fundamental in this particular case. Warhol’s work was inspired by Prince’s personality, not the picture taken by the photographer who sued the artist.
Works Cited
Jellyfish Learning. “10 Things Nobody Told You About Being Creative | Steal Like an Artist (Book Summary).” YouTube, uploaded by Jellyfish Learning 2022.
Veltman, Chloe. “Supreme Court sides against Andy Warhol Foundation in copyright infringement case.” NPR, 2023.