The Supreme Court Helps Copyright Owners By Limiting Fair Use In Warhol Foundation v. Goldsmith.

One of the most interesting Copyright news stories of 2023 was the discovery of Andy Warhol's use of a Copyright-protected photograph in the creation of his famous portrait of Prince. During the past month of May, the matter gained considerable media coverage because of the decision of the Supreme Court.

The photograph in question was taken in 1981 by Lynn Goldsmith, a well-known celebrity photographer, who was later paid by Vanity Fair to provide a one-time license of the photo as the basis for an illustration by Warhol. Years later, the Condé Nast magazine wanted to use Warhol's work as the cover of an issue, thus requiring a license to use and slightly alter the portrait. The Warhol Foundation obtained $10,000 in return; Goldsmith received no compensation.

The photographer objected, subsequently getting sued by the Warhol Foundation. Within the referenced article you can find an explanation of the whole affair.