Andy Warhol’s Prince portrait overlaid on top of the original Lynn Goldsmith photograph of the musician, as reproduced in court documents
William Sarradet and Brandon Zech talk about Jeff Koons’ ploy to send artwork to the moon, and discuss the Supreme Court’s decision to hear a fair use case against Andy Warhol.
“In some instances, the judges, in their opinions in these cases, delve into a sort of art criticism.”
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Related Reading:
—Glasstire: Art Dirt: What are NFTs and how did one sell for $69 million?
—Glasstire: Art Dirt: NFTs: Where are they now?
—The Art Newspaper: Jeff Koons reveals he is making NFTs, details plans for his Pace Gallery shows and remembers his hotel rendezvous with Salvador Dalí
—The Art Newspaper: One giant leap for Jeff Koons: artist to send his sculptures to the moon
—Jeff Koons Moon Phases Website
—Artnet News: As Part of His NFT Debut, Jeff Koons Will Launch Sculptures Into Space and Place Them Permanently on the Moon
—Houston Chronicle: Moody Center show explores how Apollo 11 influenced art
—Glasstire: Out of this World: UFO and Space Art
—Paul Van Hoeydonck’s Fallen Astronaut
—ARTnews: Copy Rights
—NY Times: Supreme Court to Hear Copyright Fight Over Andy Warhol’s Images of Prince
—Artnet News: An Appeals Court Rules That Andy Warhol Violated a Photographer’s Copyright by Using Her Image of Prince Without Credit
—Artforum: Supreme Court to Hear Warhol Copyright Infringement Case
—ARTnews: The Supreme Court Will Hear Lawsuit Over Whether Warhol Committed Copyright Infringement
—NY Times: Warhol a Lame Copier? The Judges Who Said So Are Sadly Mistaken.
—IPWatchdog: Second Circuit Delivers Blow for Fair Use in Warhol’s Prince Photograph Case
—Hyperallergic: Long-Running Andy Warhol Copyright Dispute Reaches Supreme Court
—Legal Information Institute: Campbell v. Acuff-Rose Music
—Supreme Court Brief for the Warhol Case
2 comments
Thought you might find this Glasstire video on the Moon Museum of interest. It’s still posted here on Vimeo , but the Glasstire link seems broken.
I think the distinctions of what is or is not transformative are clear in at least three of the examples you talked about. Brandon used the example of gluing a corporate logo into a collage. Because the subject of the finished image is not burgers but composition, it would without a doubt be transformed. The second example was Warhol’s 1964 Brillo box. The idea at the time was that declaring yourself an artist gives you the authority to point at things and declare them art. (DuChamp’s Fountain was 1917 so no new thing) This idea has always annoyed the hell out of me because it’s egotistical and condescending …..but the art world still lives by it so yes, by those lights the Brillo box was also transformed BUT in the Lynn Goldsmith/ Andy Warhol suit I think it’s pretty clear that a black and white photograph of a celebrity is not transformed by coloring it in. Its basic function is still to depict that celebrity.