For anyone familiar with photo industry news, the mammoth lawsuit between The Andy Warhol Foundation and renowned music photographer Lynn Goldsmith should be no secret. This complex battle over the rights to her 1981 portrait of the artist formerly known as Prince lasted seven years and went all the way to the Supreme Court.

But do you know the circumstances behind her original portrait session with the famously reserved musician, and were you aware of all the misinformation about this case that was disseminated in both legal documents and the press?

Lynn is a longtime friend of the show, and our 2017 episode about her extensive, long-term work with the band Kiss, among other crazy stories, was a fan favorite. We invited her back to discuss this case in 2022, when the Supreme Court first agreed to hear it, but heeding the advice of her legal counsel she wisely declined our offer at that time. 

In May 2023, the Supreme Court ultimately ruled in Lynn’s favor in a 7-2 decision, which has already been shown to benefit others seeking remedies for the misuse of their creative works. 

Yet, while this landmark decision happened last year, the case itself was not officially resolved until very recently—Friday, March 15, 2024, to be exact—a day some might recognize as the Ides of March.

Now that the final resolution has been signed, sealed, and delivered, we felt it was a perfect opportunity for Lynn to give us a recap of this David vs Goliath battle, with all its complexities and underlying bias.

From details about the Fair Use doctrine, to the matter of copyright registration, to her thoughts about the current photographer community, to the importance of standing up for one’s rights, Lynn provides a clear and insightful assessment of one of the most traumatic and threatening experiences that any independent artist can face, as only she can. 

To her very core, Lynn believes creativity can make anything possible, an ideology she sums up aptly at the end of our chat. 

“I felt like some higher power picked me for this,” she says. “And that I had to make myself feel like a 1940s film with Fred Astaire and Ginger Rogers, where there was going to be a happy ending, that everything would work out just fine, and that I was going to prevail.”

For more information on our guests and the gear they use, see:
https://www.bhphotovideo.com/explora/podcasts/photography/lynn-goldsmith-prince-portrait-and-its-legacy-in-case-law

Stay Connected:
Lynn Goldsmith’s Website: https://lynngoldsmith.com/menu.html
Rock and Roll Photo Gallery Website: https://rockandrollphotogallery.com/
Lynn Goldsmith’s Instagram: https://www.instagram.com/lynngoldsmith/
Lynn Goldsmith’s Twitter: https://twitter.com/goldsmithphoto
Lynn Goldsmith’s Facebook: 
https://www.facebook.com/lynngoldsmithartist/
Lynn Goldsmith’s YouTube: 
https://www.youtube.com/@lynn-goldsmith/
Lynn Goldsmith’s GoFundMe campaign: https://www.gofundme.com/f/Fight-for-A-Copyright-Law-that-Protects-Your-Work
Lynn Goldsmith’s Wikipedia: 
https://en.wikipedia.org/wiki/Lynn_Goldsmith
Pelican 1510TP Carry-On Case: https://www.bhphotovideo.com/c/product/1241003-REG/pelican_015100_0050_110_1510tp_carry_on_case_with.html

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Lynn Goldsmith’s Prince Portrait and its Legacy in Case Law

The filmmaker and writer Charlie Shackleton explores the rocky ground of the public domain through the contested history of a single song - Woody Guthrie’s This Land Is Your Land.

One of the most famous odes to the public commons ever composed, Guthrie's This Land Is Your Land offers a playful rebuke to the ‘big high wall’ of private property. In this documentary of legal interruptions, Charlie explores the history of the song and asks how much of our shared cultural history is truly shared, and how much should be?

Featuring interviews with Joe Klein (Woody Guthrie's biographer), Jennifer Jenkins (from the Center for the Study of the Public Domain at Duke Law School) and Charlotte Vaughan (Senior Intellectual Property Counsel at BBC Legal) and archive of Nora Guthrie from Songlines in 2009 (presented by John Cavanagh and produced by Fiona Croall) , Woody Guthrie from the BBC's Children's Hour in 1944, Pete Seeger from the 1968 documentary Bound for Glory and 'Interview with Flora Robertson about Dust Storms in Oklahoma, August 5, 1940' courtesy of the Library of Congress.

First broadcast 13th August 2024, BBC Radio 4
Produced by Charlie Shackleton and Eleanor McDowall

This Land

Legendary collaboration between Marshall McLuhan and theFNORD
All music written and performed by theFNORD using the FNORGAN
Painstakingly hand-sampled from The Child of the Future, used transformatively (and not-for-profit) under fair use.

Chords Of The Future (Ft. Marshall McLuhan)

In New York I Still Believe In Your Lies.....

This is a remix combing the beat Ms. Jackson by Outkast with the vocals of "Hello" by Ice cube/Sir Dre III

Hello Ms. Jackson

Hosted by Josiah Emmanuel Salina aka Joe MEMO.

Get 45% off the Magic Mind bundle with my link:
https://www.magicmind.com/josiahjan
#magicmind #mentalwealth #mentalperformance

Same Name Game (Magic VZ Mind)

Hosted by Josiah Emmanuel Salina aka Joe MEMO. Get 45% off the Magic Mind bundle with my link:
http://magicmind.com/josiahjan
#magicmind #mentalwealth #mentalperformance

Jay Z VZ Da' T.R.U.T.H.

Hosted by Josiah Emmanuel Salina aka Joe MEMO. 
Get 45% off the Magic Mind bundle with my link:
http://magicmind.com/josiahjan
#magicmind #mentalwealth #mentalperformance

CeCe Winans VZ Vickie Winans

Anyushka Vs Latin Mafia Ft. Humbe & Hugel - Patadas De Ubuntu (Row V Mashup Edit) #Afrowhouse

Anyushka Vs Latin Mafia Ft. Humbe & Hugel - Patadas De Ubuntu (Row V Mashup Edit)

CeCe Winans VZ Vickie Winans Part 2

Manafest & Trevor McNevan VZ KJ-52

Hosted by Josiah Emmanuel Salina aka Joe MEMO. Get 45% off the Magic Mind bundle with my link:
magicmind.com/josiahjan
#magicmind #mentalwealth #mentalperformance

Natalie Lauren VZ Nicki Minaj

Hosted by Josiah Emmanuel Salina aka Joe MEMO Radio. A teenage singing queen of the 90's: Jaci Velasquez goes up against a teenage singing queen of the early 2000's: Rachael Lampa. 

Get 45% off the Magic Mind bundle with my link:
magicmind.com/josiahjan
#magicmind #mentalwealth #mentalperformance

Jaci Velasquez VZ Rachael Lampa

Hosted by Josiah Emmanuel Salina aka Joe MEMO.
Get 45% off the Magic Mind bundle with my link:
magicmind.com/josiahjan
#magicmind #mentalwealth #mentalperformance

KB VZ Tedashii

Clearing my song backlog a lill'... I wrote this song over a year ago, and TBCH I think it could use more love, or humor (same:), or somethin'. The lyrics are based on my lill' "AI Fair Use Manifesto", the basic ethical logic thing I created for myself--to clarify and anchor my own #fairuse values, in a simple, intentional way. Clarity matters (there's an unreleased song about that in my backlog, it says "Kindness is more clear than nice") at least for good conscience, and beauty sleep in peace and shizzle, you know? ... 

I mean, I dunno about you, but(t) I got a LOT of questions! I like to imagine all sensitive kids who grow up with no god nor bible (like me:) do learn to write their own bits of bibles, in various ways. Who knows? Like, how do YOU figure out the right & wrong?? I'm very curious about that, and also, a bit worried... for critical thinking aka education is such an (officially) underrated muscle in Murica, ha. So, blah blah voilà, here it is at last, the AI Fair Use Manifesto--in a nerdy and pretty spreadsheet (hehe): https://docs.google.com/spreadsheets/d/1rdesenjmixTs4FZjOV1a2P2Lc5kIIp83XO_cvGndzKU/edit?usp=sharing

[1] AI Fair Use Manifesto - psyLOFI

[3] Vive la Revolution Artistique (AI Fair Use Manifesto) - banjoBLUES

[2] Abstracted Innuendo Tango Manifesto - GipsyJAZZ

DJ Khaled VZ DJ Official (Part 2)

I’m Josiah Emmanuel Salina, aka Joe MEMO, and I’m thrilled to welcome you to my SoundCloud page. I started this podcast over 11 years ago to foster unbiased conversations between music lovers, consumers, and listeners. We aim to evaluate all kinds of good music artists fairly to ensure we get the best music listening experiences from a more unbiased perspective. I’m excited to share this new phase of the podcast journey with you, which I hope will brighten your day with the universal language of music. 

Get 45% off the Magic Mind bundle with my link:
magicmind.com/josiahjan
#magicmind #mentalwealth #mentalperformance

𝟝.𝟚𝟛.𝟚𝟝 out ＭＡＹ ２３ｒｄ ２０２５！！！
Preorder Below!

ᵁᵖˢᵉᵗᵗⁱⁿᵍ ₜₕₑ 𝔸𝕡𝕡𝕝𝕖 ℂ𝕒𝕣𝕥 
ᴡɪᴛʜ 𝗛𝗼𝘁𝗱𝗼𝗴𝘀 Ø₣ TᖇᑌTᕼ

We have 𝕟𝕠 𝕚𝕕𝕖𝕒
who is in our band.

ᴀʟʟ ᴍᴜꜱɪᴄᴋ ᴡʀɪᴛᴛᴇɴ ᴀɴᴅ ᴘᴇʀꜰᴏʀᴍᴇᴅ ʙʏ
 ᴛʜᴇ𝔣𝔫𝔬𝔯𝔡 (pǝʇou sɐ ʇdǝɔxǝ)
ᴜꜱɪɴɢ 𝕐𝔸𝕄𝔸ℍ𝔸 𝔾𝔼𝔸ℝ 
and ꜱᴛᴇɪɴʙᴇʀɢ Software
⁽ᴺᴱⱽᴱᴿ ᴬᴵ⁾

We love ᴇᴄꜱᴛᴀᴛɪᴄ ʀᴇᴀᴄᴛɪᴏɴꜱ 
or 𝐯𝐢𝐜𝐢𝐨𝐮𝐬 𝖍𝖆𝖙𝖊𝖋𝖚𝖑 reactions!

ᗩᖇ𝕋: 
ₐ 𝕔ₒₘ𝕓ᵢₙₐₜᵢₒₙ ₒ𝕗
ₘ𝕪 ₒ𝕨ₙ ᵢₘₐ𝕘ₑₛ
ₐₙ𝕕 ₐᵢ 𝕘ₑₙₑᵣₐₜₑ𝕕 ᵢₘₐ𝕘ₑₛ
𝕔ₒₘₚₒₛᵢₜₑ𝕕 ₐₙ𝕕 ₑ𝕕ᵢₜₑ𝕕 
ᵢₙ ₚᵢₓₗᵣ 𝕗ₒᵣ ᵢₒₛ

… because life on earth is a Psychedelic Cabaret, and “music is the only religion that delivers the goods” (like Frank said). 

To be clear, all I really know is I dunno shit about fck (like Socrates said:)—music and songwriting included. But(t) I feel it, the music, so damn deeep in my soul! I’m just a humble existential fool, a silly banana who likes to play and share, to question and learn. Words are my oldest best friends, hearing myself sing is a freaking miracle (trust me on that lol), and I believe curiosity and #gratitude are the keys to happiness… So voilà, there’s that.

Also, (if you’re curious) BananaSutra is not just a made up BS brand kinda word, it’s actually the name of my DIY Bible—a collection of songs telling true stories of faith, to help me (and perhaps you) make sense of a world gone wild, like bananas gone foul in shallow ignorance and deadly malevolence… Think of it as an agnostic testament of sorts, an audio book of songs with quirky lyrics about things that matter, like the definition of right and wrong, and the meaning of truth, joy, justice, peace, grace, and awe 🕊️

Some call it Artificial Intelligence, but(t) I call Authentic Imagination, Alternative Ideas, Augmented Innuendos, Abstract Illogisms… hopefully, you get the gist? The point being, life is the story we tell ourselves and LYRICS matter—each @bananasutra song has a wondering root and a loving purpose, guided by one of (my) 7 (bananas) sutras: 
- KNOWsutra : is it fair?
- BLOWsutra : is it foul?
- SHOWsutra : is it fun?
- GROWsutra : is it fear?
- FLOWsutra : is it free?
- GLOWsutra : is it fab?
- BOWsutra : is it awe?

We make documentaries and audio art for radio, podcasts and public spaces.

At the heart of what we do is a belief in the imaginative possibilities of radio. Sounds that can reconfigure the world around you, move you through inner landscapes, sink into your dreams.

We are an intentionally small company that considers carefully the creative, social and political aspects of the work we put out into the world.

Falling Tree has two full-time Directors – Eleanor McDowall and Alan Hall – and we work with freelancers across our projects, including the core Short Cuts production team of Alia Cassam, Axel Kacoutié and Andrea Rangecroft.

We are one of the founding signatories of the Equality in Audio pact. 

You can listen to hundreds of our documentaries in the free, online Falling Tree archive.

The B&H Photography Podcast: Join us every other week for a conversation with insightful and entertaining guests. From gear and technique to history, science and art, we discuss the issues most important to the contemporary photographer.

Thanks for all the upport. The game has changed and I'm introducing a new sound to you. Hope you enjoy it. Join me on this new journey.

Row V's Here.

New tracks tagged #fair use