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In a dramatic conclusion to a long-standing legal battle, the Andy Warhol Foundation for the Visual Arts (AWF) has agreed to pay photographer Lynn Goldsmith approximately $21,500 to settle a contentious dispute that escalated to the U.S. Supreme Court. The apex court's landmark ruling last year, rejecting Warhol's claim of fair use concerning his silkscreens of music legend Prince, based on Goldsmith's original photograph, sets a new precedent in copyright law.

Resolution Reached in Manhattan Federal Court

In a filing on Monday in Manhattan federal court, it was revealed that AWF will compensate Goldsmith with $10,250, reflecting a 2016 license agreement with Condé Nast, which utilized a Warhol silkscreen titled "Orange Prince" for a magazine cover following the musician's demise. Additionally, AWF will cover Goldsmith's taxable costs, totaling $11,272.94. However, attorney fees and other expenses remain the responsibility of each party.

Warhol Foundation Pays $21K to Resolve Prince Photo Case : Landmark Ruling Shifts Legal Landscape

The legal saga began when AWF initiated legal action against Goldsmith, seeking a declaratory judgment that Warhol's silkscreens did not violate Goldsmith's copyright of a Prince portrait, citing transformative art. However, the Supreme Court, in a decisive 7-2 ruling last May, determined that the "Orange Prince" silkscreen failed to qualify for fair use protection, as it served a similar commercial purpose as the original photograph.

This groundbreaking decision fundamentally alters how courts interpret fair use, prompting a reevaluation of criteria beyond transformativeness when adjudicating copyright infringement cases.

Goldsmith Expresses Relief and Triumph

Following the resolution, Goldsmith expressed relief, stating to Law360, "I am pleased that this lawsuit, which was filed against me in 2017, has concluded with a copyright-infringement judgment that protects the rights to my original creation."

She continued, "The Supreme Court's 2023 fair use ruling in my favor is crucially important because it affirms the rights of photographers and other creators. I am proud to have fought this successful fight on their behalf."

AWF's Disagreement with the High Court's Decision

In contrast, AWF voiced disagreement with the Supreme Court's decision but conveyed contentment that the protracted legal battle has drawn to a close. Latham & Watkins LLP, representing the foundation, emphasized, "The Warhol Foundation brought this case as part of its mission of supporting artistic free expression and celebrating Andy Warhol's legacy."

Warhol Foundation Pays $21K to Resolve Prince Photo Case : Legal Teams and Final Closure

AWF's representation includes Andrew Gass, Roman Martinez of Latham & Watkins LLP, and Luke Nikas, Maaren Shah of Quinn Emanuel Urquhart & Sullivan LLP. On the other side, Goldsmith is represented by Thomas G. Hentoff, Kathryn E. Garza of Williams & Connolly LLP, Barry Werbin of Herrick Feinstein LLP, and Joel L. Hecker.