Warhol Against the Supreme Court and Beyond

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Warhol Against the Supreme Court and Beyond
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What a renewed obsession with copyright says about the state of artistic appropriation.

The “Prince Series,” by Andy Warhol, based on a photograph by Lynn Goldsmith.The original photograph of Prince, taken by Lynn Goldsmith in 1981, is a standard magazine-profile shot. In black-and-white, the musician returns the camera’s open gaze. Andy Warhol’s version, made in 1984, is a wholly new and original thing. First, Warhol changed mediums, employing silk screen. Second, he added colors — colors that are singular in art history.

For Warhol, Goldsmith’s photograph was material as malleable as clay, which itself is a comment on the images that form the visual landscape of our lives. Anyone who has taken “Art History 101,” as Kagan notes, knows this. And everyone does it. The Court seems oblivious to one of the great imaginative engines of art of the past 150 years, planting itself, as Kagan writes, “in the ‘I could paint that’ school of art criticism.” Think of Elaine Sturtevant and Robert Rauschenberg.

It drove people around the bend with anger. The fact that Prince was an older man using images of younger, often scantily clad women contributed to the outrage. But the group mind came down hard on Prince for appropriating other people’s images without permission.

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