Opinion of the Court
Figure 1. A black and white portrait photograph of Prince taken in 1981 by Lynn Goldsmith.
created a silkscreen portrait of Prince, which appeared alongside an article about Prince in the November 1984 issue of Vanity Fair. See fig. 2, infra. The article, titled “Purple Fame,” is primarily about the “sexual style” of the new celebrity and his music. Vanity Fair, Nov. 1984, p. 66. Goldsmith received her $400 fee, and Vanity Fair credited her for the “source photograph.” 2 App. 323, 325–326. Warhol received an unspecified amount.
In addition to the single illustration authorized by the Vanity Fair license, Warhol created 15 other works based on Goldsmith’s photograph: 13 silkscreen prints and two
impressions” served as an “ ‘under-drawing,’ ” over which Warhol painted colors by hand. Id., at 165.