Whose Prince? SCOTUS Decision in Warhol vs. Goldsmith Case

Whose Prince? SCOTUS Decision in Warhol vs. Goldsmith Case sets Precedent for the Future of Copyright

When the commercial aspect of making art trumps the cultural aspect, who wins?

“When you sit down to write something, there should be no guidelines. The main idea is not supposed to be, ‘How many different ways can we sell it?’ That’s so far away from the true spirit of what music is.” -Prince

As an artist, I’ve been investigating the minutia of copyright law in the U.S. for the entirety of my career. It’s extremely important, and exhaustingly complex. The recent SCOTUS ruling in the Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith case adds to the complexity of copyright protections by interpreting “fair use” in terms of economics. In doing so, the decision could have a major dampening effect on contemporary art, especially art that builds upon other works ie. memes, parody and other interpretive modes of creativity.

And yes, I want the freedom to create in all these modes, and I also want the ability to properly share and attribute with ease. I'm inspired, so I’m transforming the art that was at the center of this ruling in a new mint for this blog post. I’ve turned it upside down and called it “Whose Prince?" because the visual simplicity conveys meaning more succinctly than I can write.

HaHa! It’s a paradox for me personally. I want my work to be protected too. If it’s stolen or used without my consent I want recourse within the societal structures we’ve built. On the other hand, I want the ability to create from what is available to me without having to worry about a lawsuit looming over my shoulder.

Ultimately–what I’ve concluded is summed up by the words of Prince: “When you sit down to write something, there should be no guidelines. The main idea is not supposed to be, ‘How many different ways can we sell it?’ That’s so far away from the true spirit of what music is.” I’ll add….”or what the true spirit of any medium of creation is really.” 

At some point we’re all looking for a way out, a new perspective. We want to hear a guitar solo that cuts to the heart, see a photograph that captures the essence of the moment, open a soup can that feeds a cultural movement. I don’t want to feel the shadow of “the man” when I’m in that space.

One more thing...I’ve recently been super inspired by creating visual art with AI. Where does that go with copyright? Who knows at this point. I will say this. I write the prompts, I make the aesthetic decisions. I guide the variations. I mint them. Buy one. Sweep the floor. They’re signed. 

Have fun out there. Stay inspired.

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