3 Count: Warhol Battle

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1: U.S. Supreme Court Tackles Andy Warhol Copyright Dispute

First off today, Blake Brittain at Reuters reports that yesterday the Supreme Court heard oral arguments in a case pitting photographer Lynn Goldsmith against the estate of artist Andy Warhol.

In 1984, Lynn licensed one of her photographs of the musician Prince to be converted into a painting by Warhol for Vanity Fair magazine. However, after Prince died in 2016, it was revealed that Warhol actually made an additional 14 prints using the photograph. Lynn sued allegiging that those prints were a copyright infringement.

The Appeals Court ruled against the Warhol estate finding that the images in question were not a fair use. However, the estate appealed to the Supreme Court, which heard oral arguments yesterday. Those arguments were described as “lively” with justices examining both the transformative nature of the works involved but also looking into how both competed for the same market, namely illustrating articles about Prince in magazines.

2: Textile Designer Sues Zulily for Copyright Infringement

Next up today, Guy Demarco at Law Street Media reports that fabric maker EKB Textiles has filed a lawsuit against ecommerce platform Zulily alleging copyright infringement of their fabric designs.

The lawsuit was filed in California and accuses Zulily of using their designs on fabrics that they have sold through their site. The lawsuit indicates that this is not the first run in between the two parties, as EKB claims to have sent a cease and desist letter to the company in 2020.

The lawsuit seeks an injunction as well as damages, costs and other relief.

3: BMI Is Changing to a For-Profit Business Model

Finally today, Jem Asward at Variety reports that performing rights organization BMI is shifting from a non-profit business model to a for-profit one, raising questions about future payouts to the artists they represent.

The move comes on the heels of a failed bid by BMI to sell itself. However, the organization claims that this has been in talks for some time due to limitations placed on them by the non-profit model. Specifically, they want to invest more into BMI itself, including IT projects, which is difficult to do as a non-profit.

The organization will still be under the same consent decree, limiting the ways it conducts business. The move also comes after new for-profit PROs were launched, including SESAC and Global Music Rights.

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