ANOTHER ATTACK ON PHOTOGRAPHER'S RIGHTS

Studio portrait of Prince by ©Lynn Goldsmith

Almost every day there is another assault on the rights of photographers.

Sadly, my dear friend Lynn Goldsmith lost a key ruling in a very unfair suit against her by the Warhol Foundation in Federal Court a few weeks ago. I’m finally getting a moment to comment on this complicated case and the bottom line for me is that her work is being used without compensation. This truly sucks.

All of us must realize that we could be next.

What’s really sad and wierd about this is that one of my favorite artists' powerful foundation preemptively sued Lynn after she found out they sold paintings, silk screens and were licensing art using her studio portrait of Prince made in 1981. Warhol added contrast and color for a magazine illustration with Lynn’s permission in 1984. This was agreed to as a one-time artist reference and upon publication there was a photo credit to Lynn, as is always included for the copyright holder. This was a one time deal, so why not negotiate a fair usage fee?

Aside from the brutal behavior of the foundation to protect it’s interests while disregarding a fellow artist’s work and rights, this highlights an ongoing practice of well-known artists who “appropriate” whatever photographs they like without permission or compensation, making millions off the work of photographers who originated the work. It’s really just plagiarism. Why can’t there be an outreach and collaboration with the photographer?

This case also reveals a serious pattern of judges devaluing photography and photographers. It’s a reflection of something I’ve experienced through my entire career in every aspect of society and business, whether in magazine journalism or commercial photography. There is a constant feeling that photography should be cheaper and this is only increasing because of the digital revolution and the lowering of the technical barriers. I won’t get into my arguments about the obvious value and power of still images to communicate stories and sell products here. Suffice to say that’s proven.

This case threatens the rights of all of us to categorically own the copyright to the works we create.

Now we need to support Lynn in her efforts to appeal and continue the struggle. We need to make others, especially photographers, aware. If this ruling is not turned around on appeal, then your own works, which you may one day leave to an heir, could have little or no value. We need to know that the copyright law will protect our rights. So please look into this by educating yourself here: ongofundme.com/warholvsgoldsmithand by sharing Lynn’s story on social networks.

And please, if you can,donate to help Lynn protect all of us and our rights to our work here: ongofundme.com/warholvsgoldsmith

Examples of Warhol’s use of Lynn Goldsmith’s copyrighted portrait of Prince taken in studio in 1981.