Lynn Goldsmith has lost a very important court case in NY Federal District Court. The ruling affects all visual artists, especially photographers. This case was lost to the Warhol Foundation, which has very deep pockets and can now feel empowered, as can other famous wealthy artists or corporations, to continue their taking of the works of photographers, graphic artists and others without permission or payment. The issue is not just selling it as a fine art creation of Andy Warhol but for licensing of the image as “stock” sales as well.
Lynn Goldsmith was “preemptively” sued by the Warhol Foundation to establish a legal position that an image Lynn created was now theirs because Warhol made “sufficient” alterations to the image. The judge in this case ruled for the Warhol Foundation. They filed for her to pay their legal fees and expenses even though they initiated the suit. Lynn could be responsible for the Foundation’s legal fees that can run into the millions. Can you imagined being sued to have one of your images declared someone else’s and then have to pay for their, as well as your, attorney’s fees, too?
It could happen to you.
The cavalier, arbitrary, and capricious nature of this judicial decision of such an obvious theft seems to purposely invite plagiarism, which is the word thieves hate. They prefer the words appropriation and expropriation, which still means the taking of someone else’s property without permission or authority.
This decision must be appealed.
The fact that Lynn Goldsmith is continuing this battle in appeals court means that she’s fighting the battle for all artists and photographers. She’s fighting your battles for you.
You could be next. If we don’t help fight this gross miscarriage of justice now, it will come back to bite us in the ass later.
Lynn is risking everything she has. If she wins, we all can be a bit safer in the knowledge that there will be a legal precedent that can keep the thieves at bay.
I have contributed and you owe it to yourselves to contribute as generously as you can so that we will have, hopefully, in the future a certain security that our work cannot be stolen under some legal technicality that works against us.
This is your fight! Help win it. Spread the word.
To help combat this decision, contribute to: gofundme.com/warholvsgoldsmith