Please note: The opinions expressed below are Lynn Goldsmith’s, not ZUMA PRESS, Inc.
‘ZUMA shares this with you this important copyright battle, from a email Lynn wrote us, as we fully believe in the photographer rights to protect one’s work, on all levels.
As a photographer/artist, I am appalled at how the large players in our industries of Photo+Art abuse the individual photographer or artist. Lynn deserves your support!’
Scott Mc Kiernan, ceo/chief staff photo-journalist/founder of ZUMA Press, Inc. and sometimes artist.
ZUMA PHOTOGRAPHER Lynn Goldsmith’s PLEA for support:
Please help me keep others from taking our images
Hi
Please send this out to whoever you believe will have interest in protecting their work as what happens with this legal issue can determine what may happen with the images you created in the past or in the ones you will create in the future. I hope you will put it on social networks and send out to your photographers. The issue of what is Transformative has to be specific…it gets broader and broader – and not only are artists making work from what photographers have created and selling it as fine art, but like Warhol Foundation, they are licensing it!
Attached is the black and white photograph of mine of Prince made in 1981 in my studio and variations that Warhol made of it. After Prince died I discovered Warhol had done paintings and silk screens and that the Warhol Foundation had also been licensing the image. I did copyright my photo – we have got to stop this stealing done in the name of art and stop those wealthy ones who can keep appealing court decisions till they get one they like and get to the point that what is “transformative” under fair use is defined. This is a high profile enough case with Prince and Warhol names to make it known to these ‘appropriation’ artists that we will not have our rights, our livelihood stolen from us ! We need to show there is a photo community that can be galvanized to protect their original creations. If for whatever reason you cannot donate $1 then I hope at least you will pass this on to others. Thank you for taking time to read this
Sincerely
Lynn
Please send this out to whoever you believe will have interest in protecting their work as what happens with this legal issue can determine what may happen with the images you created in the past or in the ones you will create in the future. I hope you will put it on social networks and send out to your photographers. The issue of what is Transformative has to be specific…it gets broader and broader – and not only are artists making work from what photographers have created and selling it as fine art, but like Warhol Foundation, they are licensing it!
Attached is the black and white photograph of mine of Prince made in 1981 in my studio and variations that Warhol made of it. After Prince died I discovered Warhol had done paintings and silk screens and that the Warhol Foundation had also been licensing the image. I did copyright my photo – we have got to stop this stealing done in the name of art and stop those wealthy ones who can keep appealing court decisions till they get one they like and get to the point that what is “transformative” under fair use is defined. This is a high profile enough case with Prince and Warhol names to make it known to these ‘appropriation’ artists that we will not have our rights, our livelihood stolen from us ! We need to show there is a photo community that can be galvanized to protect their original creations. If for whatever reason you cannot donate $1 then I hope at least you will pass this on to others. Thank you for taking time to read this
Sincerely
Lynn
The Andy Warhol Foundation is suing me seeking a federal court declaration that they have not infringed my copyrighted 1981 studio portrait of the iconic musician Prince. In turn, I have filed a counterclaim against the Foundation for copyright infringement. I feel the issue at stake concerns whether a copyright owner’s rights can be trampled on in the name of fine art. Where is the line drawn? If someone is very famous, can they just ‘take’ your work and say it is their art? The Warhol Foundation is relying on the “fair use” part of the copyright law, to try and broaden the interpretation of what is “transformative” and thus never be sued. There are a number of artists from Jeff Koons to Richard Prince who have taken photographs created by others that are copyright protected, in many cases do little if anything to change them, and then claim the ‘work’ as their creation. I feel that if I don’t take this legal battle on, it can mean every photographer, even though their image should be protected by the copyright laws, will not be able to protect rights to that which they have created. In their lawsuit against me, the Foundation included false statements about how I was trying to ‘extort’ money from them. They presented a number of “untruths.” That was very upsetting to me, however my real motivation to put time, money and effort into this battle is because in my opinion if “artists” can just take the work of photographers, make minimal changes and sell it commercially as theirs, as well as license the work…what is the point of the copyright law?
The lawyers for the Warhol Foundation made it clear at a recent court conference that the Foundation has no interest in settling, and even if I were to win in the lower courts they will keep on appealing. They will never settle. They want this to be CASE LAW. In addition to the legal fees for having to respond to their lawsuit, I am counter suing. I believe they think the amount of money this legal battle will cost can frighten me from taking a stand. This battle could go all the way to the Supreme Court. That can cost in the hundreds of thousands of dollars. Some photographer has to fight this battle NOW or the unauthorized taking of copyright protected images will continue. So, though I am at an age where time is the most valuable commodity in my life, I know in my heart I have to take this on and to use my energy to get every photographer, every photo organization, and photo magazine to help in the protection of that which we create. I will not capitulate just because the Warhol Foundation has deep pockets and can scare off artists with claims against them due to costly legal fees.
I need every photographer’s support in this. We have to galvanize and take a stand. Even if you only have $1 to give – with the amount of photographers in this country alone, I believe that together we can win this. I’ve contacted a number of artist rights organizations who have reviewed the situation.
Funds are needed now so that we can make sure photographers’ rights in what they create are protected by the law.
Your support is meaningful for all photographers now and in the future. Please join me in this crusade. Every dollar is meaningful.
It will show we will stand together to make sure there is CASE LAW which protects us.
Join ZUMA and contribute a dollar or as much as you to the bigger issue effecting not just Lynn, but all of us! To support Lynn:
Scott Mc Kiernan ceo/founder/chief staff photo-journalist of ZUMA Press, Inc.
