If you code, you leverage existing libraries. If you’re an architect, you apply principles from earlier periods (or, in some tongue-in-cheek cases, other areas of culture). (Google presumably uses it because Newton referenced it in one of his letters.) If you’re a jazz musician, you channel a rich library of standards. I f you head over to Google Scholar, you’ll be greeted with an invitation to “stand on the shoulders of giants,” an old (as in medieval) homage to the trite but essential idea that art and science build on existing work. To Goldsmith, the question is one of justice her website describes her battle as a “crusade,” an impassioned effort to make sure that “copyright law does not become so diluted by the definition of fair use that visual artists lose the rights to their work.” If the Supreme Court agrees with her legal challenge, a doctrine that is central to our freedom of expression and cultural growth will be damaged and weakened, possibly for decades to come. The appellate court reversed, principally on the grounds that Warhol’s image is not sufficiently transformative because it “retains the essential elements of its source material” and Goldsmith’s photograph “remains the recognizable foundation.” In other words, the original is too visibly baked into Warhol’s iteration.įrom the January/February 2019 issue: Warhol’s bleak prophecy In 2019, the United States District Court for the Southern District of New York ruled that Warhol’s image was protected by fair use. The dispute started when Goldsmith learned that her 1981 photograph of Prince, which she’d taken in a quick session in her New York studio, was the basis for Warhol’s illustrations of the rock star. But at least in some legal and art circles, Goldsmith may end up being remembered not so much for her beautiful photographs, but for her legal dispute with the custodians of Andy Warhol’s art, which the Supreme Court will hear on October 12. One of her images was also enshrined by Andy Warhol, who used a photograph she took of Prince as the basis for his illustrations of the musician. Goldsmith’s prolific and historically significant output has deservedly been archived in various institutions. All of them have the lush, analog softness of film, and, especially if viewed together as an entire collection, evoke a specific era in music and in the city. Some were taken in unrecognizable, decontextualized spots others were shot on rooftops in the heart of Manhattan, with New York City’s architecture providing the backdrop. Some images are in vivid color, and others in black and white.
I n the late 1970s and early ’80s, Lynn Goldsmith, a polymath skilled as a photographer and a musician, took pictures of many of the period’s prominent rock stars, including the Rolling Stones, Patti Smith, Bruce Springsteen, the Police, Talking Heads, and Prince.
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