Joy Garnett Lectures on Painting, Mass Media, and the Art of Fair Use

Andy Warhol was sued, but the cases were never decided.

After posting Campbell Soup’s letter to Andy Warhol expressing admiration for his Campbell Soup paintings 2 weeks ago, I’ve been asked by several people whether Warhol was ever sued for his appropriations of copyrighted photographs. He was indeed, though all of the cases settled out of court with Warhol “paying” by giving the plaintiffs pieces he had created. They therefore provide no guidance how courts would rule on those claims. Here’s the account from Patricia Search’s article, Electronic Art and the Law: Intellectual Property Rights in Cyberspace, Leonardo, Vol. 32, No. 3, 191, 193 (June 1999):

“Andy Warhol received legal complaints from photogra-phers Charles Moore, Fred Ward, and PatriciaCaulfield. Warhol used three of Charles Moore’s photographs of the Birmingham race riots in a 1964 painting called Race Riot. He also used a Life magazine cover photo of Jacqueline Kennedy Onassis, taken by Fred Ward after President Kennedy’s assassination, in several prints and paintings. Patricia Caulfield sued Warhol when she discovered that he had used one of her photographs in his1964 series of paintings and prints called Flowers.

“All of these cases were settled out of court. The photographers and their agents or attorneys received works of art from . . . Warhol . . . . Caulfield received a promise of royalties on future uses of her image by Warhol. Unfortunately, because these cases were settled out of court,no legal precedents were set concerning artistic appropriation of copyrighted material.”

Campbell Soup’s response to Andy Warhol’s appropriation