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He is a Chef in the Scholarly Kitchen and has written and lectured extensively on the subjects of copyright, licensing, open access, artificial intelligence, metadata, text/data mining, new media, artists’ rights, and artlaw.
Her 1981 black-and-white photo of Prince was used as the source for colored prints by Warhol, who in turn was commissioned to create a single work for a 1984 article about the musician in Vanity Fair magazine. [3] 3] Goldsmith received a small licensing fee for this use and was co-credited with Warhol in the magazine.
A few years later, in 1984, Goldsmith’s agency, which had retained the rights to those images, licensed one of them to Vanity Fair for use in an article called “Purple Fame.” In 1981, Goldsmith, who was then a portrait photographer for Newsweek , took a series of photographs of the then-up-and-coming musician Prince. He did just that.
With unique art works, the public interest is more likely to outweigh any commercial aspect and there is unlikely to be market substitution. UPDATE 3: Brian Frye : "I hear Steiner's argument, but disagree that the decision is correct. In my opinion all that should matter is that the photo and the paintings aren't substitutes."
For example, a candid photo taken by a street photographer for a personal portfolio would not need a model release, but if that same work were later used in a magazine ad, the photographer would need permission from the model to use the photo for a commercial purpose. . ENTIRE AGREEMENT.
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