Planet Money – The prince of prints and his prints of Prince

Intro

In this episode of Planet Money titled “The prince of prints and his prints of Prince,” the team explores the complex world of copyright law and fair use. They delve into the case of Andy Warhol’s colored portrait of Prince, which was based on a photograph taken by Lynn Goldsmith. The episode examines the transformative nature of art, the role of fair use in copyright law, and the implications of the Supreme Court’s rulings on the subject.

Main Takeaways

Copyright Law and Fair Use

• Judges decide when it’s okay to copy something, and fair use is entirely created by judges.
• Judge Pierre Laval came up with the idea of transformative use, which considers whether a copy transforms the original.
• The transformative test became the beating heart of fair use law and was used to decide the case about a hip hop parody by Two Live Crew.
• The court established a new standard for fair use based on whether a new work is transformative.
• The Supreme Court focused on the economic aspect of copyright, treating art as a product and judging whether two works competing in the same market are too similar.

The Andy Warhol Case

• Andy Warhol used Lynn Goldsmith’s photograph of Prince to create a portrait for Vanity Fair.
• The court had to determine if Warhol’s depiction of Prince was transformative enough to qualify as fair use.
• Warhol’s lawyer argued that the artist had transformed Prince into an icon, but the justices pushed back on determining the meaning or message of a piece of art.
• The court transformed their own transformative test, shifting the focus from meaning and message to how the work is being used.
• A copyright case between Lynn Goldsmith and the Andy Warhol Foundation was ruled in Goldsmith’s favor, setting a precedent for copyright protection for artists.

The Supreme Court and Society

• The Supreme Court has a long history of being influenced by politics and public opinion.
• The appointment of justices is a political process, with presidents often choosing candidates who align with their own beliefs.
• The Supreme Court has the power to shape society through its decisions.
• The current Supreme Court is more conservative than it has been in decades.
• The future of the Supreme Court is uncertain, with potential changes to its structure and power being debated.

Summary

The Transformative Nature of Art and Fair Use

Copyright law is an area of the law where there’s a lot of creativity because the Constitution doesn’t say much about it. Judges play a crucial role in deciding when it’s okay to copy something, and fair use is entirely created by judges.

Judge Pierre Laval’s concept of transformative use revolutionized fair use law. Transformative use considers whether a copy of a work transforms the original and adds new information, aesthetics, insights, and understandings. This concept found its way to the Supreme Court through the case involving a hip hop parody by Two Live Crew.

In the case of Andy Warhol’s portrait of Prince, the court had to determine if Warhol’s depiction was transformative enough to qualify as fair use. Warhol’s lawyer argued that the artist had transformed Prince into an icon, but the justices questioned the idea of determining the meaning or message of a piece of art. The court ultimately ruled in favor of Lynn Goldsmith, setting a precedent for copyright protection for artists.

The Supreme Court’s Influence and the Future

The Supreme Court has a significant impact on society through its decisions. The court’s composition, influenced by politics and public opinion, plays a crucial role in shaping its rulings. With the current Supreme Court being more conservative than in previous decades, the future of the court remains uncertain, with debates about potential changes to its structure and power.

Conclusion

The case of Andy Warhol’s portrait of Prince highlights the complexities of copyright law and fair use. The transformative nature of art and the role of judges in determining fair use have far-reaching implications for artists and creators. As the Supreme Court continues to shape society through its decisions, the future of the court remains a topic of debate and uncertainty.