File:Lynn Goldsmith 1981 photo of Prince.jpg
Lynn_Goldsmith_1981_photo_of_Prince.jpg (261 × 382 pixels, file size: 49 KB, MIME type: image/jpeg)
Summary[edit]
| Description | A black-and-white headshot of Prince, taken in 1981 by Lynn Goldsmith at her Lower Manhattan studio |
|---|---|
| Author or copyright owner |
Lynn Goldsmith |
| Source (WP:NFCC#4) | as reprinted in U.S. Supreme Court publication of the case, 598 U.S. ___, (2023) slip op. p. 4 |
| Date of publication | 1981-12-03 |
| Use in article (WP:NFCC#7) | Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith |
| Purpose of use in article (WP:NFCC#8) | To support encyclopedic discussion of this work in this article. The illustration is specifically needed to support the following point(s): The image was the original of Andy Warhol's Prince Series, one image of which, Orange Prince, is also in the article under a fair-use rationale. The Court considered the question of whether Warhol's image was altered enough to be considered transformative use. Thus, the fair-use rationale is primarily that the image is needed to understand fair use and specifically its application in this case |
| Not replaceable with free media because (WP:NFCC#1) |
A singular image that could not be recreated as Warhol specifically used it to create the Prince Series. As the Second Circuit Court of Appeals put it in its opinion on the case when declining the Warhol Foundation asked them to rule that the images were not substantially similar: " ...Warhol did not create the Prince Series by taking his own photograph of Prince in a similar pose as in the Goldsmith Photograph. Nor did he attempt to copy merely the 'idea' conveyed in the Goldsmith Photograph. Rather, he produced the Prince Series works by copying the Goldsmith Photograph itself — i.e., Goldsmith's particular expression of that idea ... This is not to say that every use of an exact reproduction constitutes a work that is substantially similar to the original. But here, given the degree to which Goldsmith's work remains recognizable within Warhol's, there can be no reasonable debate that the works are substantially similar. As we have noted above, Prince, like other celebrity artists, was much photographed. But any reasonable viewer with access to a range of such photographs including the Goldsmith Photograph would have no difficulty identifying the latter as the source material for Warhol's Prince Series." (Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, 11 F.4th 26, 54 (2nd Cir. 2021).) |
| Minimal use (WP:NFCC#3) | It is, as its full size, less than 300px wide |
| Respect for commercial opportunities (WP:NFCC#2) |
The use of a low resolution image of the artwork will not impact the commercial viability of the art (again, see this issue specifically as discussed in regard to this image by the Second Circuit at 48–51) |
| Fair useFair use of copyrighted material in the context of Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith//en.wikipedia.org/wiki/File:Lynn_Goldsmith_1981_photo_of_Prince.jpgtrue | |
Licensing[edit]
 | This image is a faithful digitisation of a unique historic image, and the copyright for it is most likely held by the person who created the image or the agency employing the person. It is believed that the use of this image may qualify as non-free use under the Copyright law of the United States. Any other uses of this image, on Wikipedia or elsewhere, may be copyright infringement. See Wikipedia:Non-free content for more information. Please remember that the non-free content criteria require that non-free images on Wikipedia must not "[be] used in a manner that is likely to replace the original market role of the original copyrighted media." Use of historic images from press agencies must only be of a transformative nature, when the image itself is the subject of commentary rather than the event it depicts (which is the original market role, and is not allowed per policy). |
| If this tag does not accurately describe this image, please replace it with an appropriate one. | |
File history
Click on a date/time to view the file as it appeared at that time.
| Date/Time | Thumbnail | Dimensions | User | Comment | |
|---|---|---|---|---|---|
| current | 00:33, 1 June 2023 | | 261 × 382 (49 KB) | DatBot (talk | contribs) | Reduce size of non-free image (BOT - disable) |
| 04:38, 29 May 2023 | No thumbnail | 274 × 400 (49 KB) | Daniel Case (talk | contribs) | Uploading a non-free work, as object of commentary using File Upload Wizard |
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