Andy Warhol painted his portrait of Prince Rogers Nelson (June 7, 1958 – April 21, 2016) in 1984 and it appeared in the November issue of Vanity Fair that same year and was used for the cover of Conde Nast’s 2016 memorial magazine “The Genius of Prince”.
Warhol always worked from photographs, usually, though with some famous exceptions, using ones he had taken himself–most commonly with his Polaroid camera.
However, Prince was less than pleased with it, reportedly saying that Warhol’s portrait of MJ (Michael Jackson) was much better!
One photograph that Warhol did not take, however, was the basis for his Flower silkscreens in 1964. He found Patricia Caulfield’s photo of hibiscus flowers in a 1964 issue of the magazine Modern Photography and appropriated it.
Two years later Caulfield sued Warhol for infringement of copyright and in a settlement, Warhol offered her two sets of the Flowers prints; an offer Caulfield refused preferring a cash settlement.
In 1981, photographer Lynn Goldsmith had taken a publicity photo of Prince. Warhol’s portrait image looks suspiciously like it is copied from Goldsmith’s photograph and Goldsmith tried to achieve a settlement with the Warhol Foundation for the use of the image. However, the Warhol Foundation, in a preemptive move, decided to sue Goldmith to prevent her from taking legal action against it.
It seems that fair use laws in the U.S. mean that an artist may use other artists work as the basis for their own work and that Warhol’s art is protected under these laws. It seems that Lynn Goldsmith will not benefit from Warhol’s possible use of her original photograph.